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A47376 An answer to such objections as were made by some commoners of Lincoln-shire and presented to both houses at the first sitting of this Parliament against Robert, Earle of Lindesey, and his participants concerning the draining of those fenns which lye between Lincolne, Berne, & Boston / set forth by Sir Will. Killigrew, Knight. Killigrew, William, Sir, 1606-1695. 1647 (1647) Wing K454; ESTC R6406 7,814 18

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AN ANSVVER TO Such Objections as were made by some COMMONERS of Lincoln-Shire AND Presented to both Houses at the first sitting of this PARLIAMENT AGAINST ROBERT Earle of LINDESEY and his Participants Concerning the Draining of those Fenns which lye between Lincolne Berne Boston Set forth by Sir Will Killigrew Knight LONDON Printed for the Author 1647. The OBJECTIONS 1. THat these said Fennes did not need to be Drained 2. That the Commissioners did proceed by view and not by Iury 3. That the Commissioners were Parties interessed with the Earle 4. That the Countrey was defrauded by giving the Earle too much Land for his Contract 5. That the Earle did give some of those Lands unto Great men for gratuities 6. That the Earle hath taken more Land from the Country then his proportion 7. That the Earle hath taken the best of the Fenns for himselfe and left the worst for the Commoners 8. That the Earle hath not performed his Contract by draining those Fennes sufficiently 9. That the Earle did fetch up some of the Commoners by Pursevants and by Warrants from the Councell-Table and did imprison others An Answer to such Objections as were made by some Commoners of Lincolnshire c. 1. Obj. THat these Fennes did not need to be drained Answ. 1. It appeares upon Record the Commissioners of Sewers of those parts with the Countrey did intend and did endeavour in the 34 of Henry the 8th and in the 17th of Elizabeth to draine the same Fennes which the Earle hath now drained and did proceed therein as the Earle hath now done 2. It appeares by a letter signed by Sir Anthony Earbye and M. Serjeant Gallis with divers other Commissioners of Sewers and Justices of Peace in those parts that the said Fennes did need to be drained For by their Letter they informe His Majesty that the Fennes of those parts were annoyed with waters which for the good of the Countrey they desire His Majesty might be drained to which end they are suitors that the King would recommend some Person who should undertake the draining thereof as a worke honourable and profitable for the Common-wealth 3. The KING recommends ROBERT Earle of LINDESEY unto the Commissioners who was accepted for undertaker at a publique Session of Sewers at Sleford in the face of the whole Countrey where Argument was what quantity of Land they should contract with the Earle for and on what termes but no question was ever made whether those Fennes did need to be drained The whole Assembly seemed as eager to have the Fennes drained as the Earle was to undertake the worke and after some debate at severall meetings about the proportion the Earle demanding 30000 Acres at last the Commissioners proffer him 24000 Acres which he accepts with the generall approb●tion of every Commissioner p●●se●t and acclamations of joy from the Commoners who did wait on the Earle to his lodging from the Church with loud pray●rs for the good successe of his work● By this it appeares th●t the said Fennes did need to be drained This contract was made between the Earle and the Countrey by thirty two Commissioners who would not have made this contract if the draining had not been necessary 2. Obj. That the Commissioners which laid the Taxes and did adjudge the Lands to the Earle were Parties interessed with him Answ. That when the contract with the Countrey was made no Commissioners were interessed nor could be because the Earle had then no interest himselfe but after the worke was begun three or foure of the Commissioners did become Adventurers with the Earle and did put in their monies for their owne Fennes They paid forty shillings per Acre at which rate the Earle offered to admit all that would of the Countrey to adventure with him which was done by publique Proclamation But those Fennes were then so drowned and of so little worth and the worke so ha●●rdous that none would purchase any of the Lands allotted to the Earle at forty shillings the Acre besides Sir Edward Heron and Sir Iohn Brooke since Lord Cobham who are the Commissioners excepted against where as the Commoners might well wish that more Commissioners had been of their mind who no doubt would be carefull to see that the Earle should performe his worke according to his contract for their owne sakes 3. Obj. That the Commissioners did proceed to Taxe and to adjudge the Lands by view which they should have done by Iury Answ. That Juries are in this Case only to informe the Commissioners and that the Commissioners being themselves sworne may by their owne view be better informed then by the eyes of others as has been usually done in former times and no doubt the integrity of such men of such quality as are trusted to be Judges may be trusted to judge upon their owne view as well as on the view of meane and ignorant men for of such are most Juries made I have here inserted the Names of the Commissioners that laid the first Taxe of 13s 4d an Acre upon the Earles Fennes Many of them being those that did view the Fennes without a Jury because in a businesse of such consequence they would trust no eyes before their owne The Earle of Lindsey Earle of Lincolne Lord Willoughby Sir Henry Fines Sir Rob. Killigrew Sir William Armyn Sir Edw. Heron Sir Iohn Munson Sir Iohn Brooke Sir Ham Whichcott Sir Iohn Browne Sir Christop. Wray Sir Ralph Maddison Sir Will Quadring Sir Iervace Scroop Serjeant Callis Doct. Farmery Wil Langton Esq. William Dallison Robert Long Edw. Skipwith Iohn Brownelowe Iohn Burrell Robert Cawdron Robert Tredway Iohn Bassett Robert Marshall Maior of Lincolne Rich. Westland Maior of Boston Iohn Hobson Robert Boswell Tho. Haughton George Thorold Iosua Whichcott Rich Barefott George Smith The Question now is whether these Commissioners may make Decrees upon their owne view as well as on the report of a Common Jury Which we leave to the judgement of the Parliament 4 Object That the Country was defrauded by giving the Earle too much Land for his Contract Answ. That the 24000 Acres passed and Decreed unto the Earle can be justly valued but at the price the said Lands bore at that day which was forty Shillings an Acre to be sold So that 48000 li was then the value of the 24000 Acres decreed to the Earle then which the Earle hath expended a much greater Summe in his workes and therefore the Country was not defrauded as is objected But some men do looke on the Earles Land now he has made it worth twelve Pounds an Acre and wil not consider his hazard that has brought to passe what many before him have been ruined by attempting nor consider his monies taken up at use or on harder termes to do his whole worke but in mercy to the poore Commoners will thinke them abused and not once consider that their Commons now remaining to them are worth at this day ten Shillings the Acre which never did