●o
the
Supreme
Authority
,
the
Parliament
of
the
Commonwealth
of
ENGLAND
.
The
humble
Petition
of
the
Owners
and
Commoners
of
the
Town
of
Islelham
in
the
County
of
Cambridg
.
Sheweth
,
●Hat
the
Earl
of
Bedford
,
Edward
Russel
Esq
Robert
Henly
Esq
and
Robert
Castle
Esq
in
trust
for
the
Earl
of
Bedfords
●●●●●cipants
and
adventurers
by
vertue
of
a
late
Act
of
Parliament
,
●●●…nd
they
have
drained
your
Petitioners
Fens
,
consisting
of
a●●●…
2500
acres
;
and
by
an
Adjudication
,
as
we
are
informed
by
●●me
of
the
Commissioners
mentioned
in
the
said
Act
,
have
Ditch●●●ut
to
themselves
about
930
acres
of
your
Petitioners
said
Fens
,
〈◊〉
are
in
possession
thereof
.
1.
Your
Petitioners
wil
make
it
appear
unto
your
Honors
,
That
,
●●ntrary
to
the
Law
of
God
)
by
the
said
Act
parties
interessed
are
●●●cted
Judges
.
2.
That
the
said
Act
is
destructive
to
Propriety
;
for
,
by
it
,
the
●●●mmissioners
(
who
for
ought
we
know
are
Judges
and
Parties
)
〈◊〉
impowred
to
take
away
our
Estates
without
our
consents
,
and
●●●…st
it
.
3.
It
enacts
impossibilities
,
and
falsities
,
as
,
that
land
to
be
drain●●
which
was
never
drowned
,
and
that
hurtfully
surrounded
which
●●…ettered
by
overflowing
.
4.
We
have
not
been
used
like
English-men
,
for
contrary
to
the
●●ndamental
Laws
of
the
Land
,
we
are
disseised
of
our
Free-holds
,
●●ard
by
our
witnesses
upon
Oath
,
or
by
view
,
or
by
Juries
of
the
●●●●hbourhood
.
In
the
beginning
of
●●e
last
P●●●●●ment
,
when
very
few
of
th●
Members
were
ingaged
in
this
project
.
In
their
first
and
grand
Remonstrance
1641.
In
the
like
Case
,
this
draining
of
us
by
forc●
was
declared
,
An
Injustice
,
oppression
,
violence
,
project
and
gri●vance
,
and
in
more
express
words
,
Thus
,
large
quantities
of
Commons
,
and
Severals
have
been
taken
away
from
the
Subject
by
colour
of
the
Statute
of
Improvement
,
and
by
the
abuse
of
the
Comission
of
Sewers
,
without
their
consents
,
and
against
it
:
yet
this
late
Act
for
Draining
hath
ratified
and
confirmed
all
those
agrievance●
and
oppressions
which
the
people
suffered
concerning
draining
in
the
Kings
time
.
The
cause
of
all
this
is
plain
and
clear
;
which
was
,
because
there
were
so
many
Parliament
men
parties
interessed
when
the
said
Act
was
passing
.
The
Premises
considered
,
the
humble
desires
of
your
Petitioners
are
,
-
1.
That
we
may
enjoy
our
Proprieties
,
and
that
(
according
to
the
Statute
of
Improvement
of
43
Eliz.
Cap.
11.
wherein
is
provisio●
made
sufficient
for
any
undertaking
for
draining
whatsoever
your
Petitioners
may
be
at
liberty
to
make
the
best
of
their
own●
And
that
you
will
be
pleased
to
consider
of
our
Exceptions
agains●
The
late
Act
for
Draining
,
for
the
repealing
thereof
,
which
w●
humbly
tender
herewith
unto
your
Honours
.
-
2.
That
our
adversaries
may
not
be
enabled
by
their
illegal
possess●on
of
our
Estates
,
to
wage
Law
with
us
with
our
own
Revenue●
by
receiving
this
Summers
profit
of
our
said
Fens
.
For
preve●tion
whereof
,
we
humbly
crave
your
Honors
Order
for
our
speed●
re-possession
of
our
said
Grounds
,
having
already
received
〈◊〉
least
500
l.
damage
by
the
undertakers
pernicious
new
Ditches
●
our
said
Fens
.
And
your
Petitioners
shall
pray
,
&c.
Exceptions
taken
to
a
late
Act
of
Parliament
,
intituled
An
Act
for
the
Draining
the
great
Level
of
the
Fens
.
THe
first
Exception
is
against
the
Title
of
the
Act
,
viz.
An
Act
for
Draining
the
great
Level
of
the
Fens
,
extending
it self
,
&c
There
are
many
fallacies
couched
under
this
word
Level
.
First
it
is
an
equivocal
word
,
and
hath
two
significations
.
As
fist
,
the
great
Level
,
signifies
a
bare
flat
,
whether
dry
or
drowned
.
The
undertakers
cannot
mean
dry
land
;
for
how
can
that
Land
be
drained
which
was
never
drowned
?
Therefore
by
the
Undertakers
meaning
,
it
must
be
such
Land
as
is
really
hurtfully
surrounded
,
which
are
300000
acres
.
The
next
fallacie
in
the
word
Level
,
is
,
begging
of
the
Question
.
Taking
for
granted
that
300000
acres
are
the
Level
hurtfully
surrounded
;
which
in
truth
are
not
.
The
third
fallacie
is
,
the
ignorance
of
a
contradiction
.
As
it
is
the
great
Level
;
and
not
the
great
Level
in
divers
respects
.
As
first
it
is
a
great
Flat
or
Level
,
but
not
such
a
one
as
is
hurtfully
surrounded
;
for
it
will
be
proved
many
thousands
of
acres
were
never
drowned
,
thousands
of
acres
not
hurtfully
surrounded
,
but
bettered
by
overflowing
:
thousands
of
acres
are
Osier
,
Reed
,
Sedg
.
So
deduct
the
premised
Land
,
the
great
Level
will
be
much
lessened
.
The
fourth
fallacie
in
the
word
Level
,
is
joyning
such
Lands
together
,
that
ought
to
be
devided
,
or
calling
Good
Evill
,
and
Evil
Good
.
As
calling
dry
ground
,
and
Land
bettered
by
overflowing
,
the
Level
,
or
hurtfully
surrounded
,
which
words
are
convertible
.
As
for
instance
,
in
the
Town
of
Isleham
,
which
contain
2500.
acres
of
Fens
,
we
have
1200
acres
dry
Land
,
and
another
considerable
part
of
the
said
Fens
are
bettered
by
overflowing
.
Ye●
the
Undertakers
take
930
acres
out
of
the
2500
acres
for
draining
▪
So
being
Judges
and
parties
,
the
Undertakers
have
mis-stated
the
Level
.
The
second
Exception
is
against
the
Preamble
of
the
said
Act
,
viz.
Whereas
the
said
great
Level
by
reason
of
overflowing
of
the
Rivers
of
,
&c.
have
been
of
small
,
and
uncertain
profit
;
but
(
if
drained
)
may
be
improved
.
The
Undertakers
take
it
for
granted
,
the
great
Level
is
little
worth
,
because
it
is
hurtfully
surrounded
,
as
they
falsely
suggest
.
Those
who
live
in
the
Fens
and
are
neighbours
to
them
,
know
the
contrary
.
For
first
,
The
Fens
breed
infinite
numbers
of
Horses
,
Mares
and
Colts
,
and
all
sorts
of
other
Cattel
;
and
the
Horses
and
Mares
are
kept
on
our
Fens
in
Summer
,
which
till
our
Land
.
Secondly
,
We
breed
and
feed
great
store
of
young
Cattel
,
as
Calves
and
Buds
which
are
yearlings
;
and
wee
keep
great
Dairies
,
which
afford
great
store
of
Butter
and
Cheese
,
and
multitudes
of
Heifers
,
and
other
Cattel
are
fatted
on
our
Fens
which
afford
Hides
and
Tallow
.
Thirdly
,
We
Mow
off
our
Fens
,
Fother
which
feeds
our
Neat
in
Winter
,
which
being
housed
,
we
gather
such
quantities
of
Compost
or
Dung
,
that
it
inriches
our
Pastures
and
Corn-ground
,
half
in
half
.
Fourthly
,
We
keep
great
Flocks
of
Sheep
.
Fifthly
,
Our
Fens
are
a
great
relief
in
a
dry
Summer
,
not
only
to
the
Uplanders
of
our
own
,
but
neighbour
Countries
,
which
otherwise
thousands
of
Cattel
would
perish
.
Sixthly
,
We
have
great
store
of
Osier
,
Reed
and
Sedg
,
which
are
such
necssaries
as
the
Countries
cannot
want
them
for
many
uses
,
and
sets
many
poor
on
work
.
Lastly
,
We
have
many
thousand
Cottagers
which
live
on
our
Fens
,
which
have
no
right
of
Common
,
which
we
connive
at
,
otherwise
they
would
go
a
begging
;
So
that
if
the
Undertakers
take
away
a
third
part
of
our
Fens
,
they
destroy
our
Pastures
and
Corn-ground
,
and
lessen
our
Revenues
proportionably
.
What
is
Cole-Seed
,
Rape
and
Hemp
?
they
are
but
Dutch
Commodities
,
and
but
trash
and
trumpery
,
and
pils
land
,
in
respect
of
the
fore-cited
Commodities
,
which
are
the
rich
Ore
of
the
Commonwealth
.
The
third
Exception
is
against
what
is
enacted
to
be
the
particular
bounds
and
limits
of
the
great
Level
,
much
of
which
we
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
.