THe Dreyners of Lindsey Level in Lincoln-shire , being informed , That some Persons do whisper many scandalous Stories in the Eares of many of the Members of Parliament , greatly prejudicial to the Dreyners proceedings in that great undertaking , who to justifie themselves , have thought good to publish what herein follows ; all which they will justifie .

First , We claim by the Law , and Authority of several Decrees of Sewers .

Secondly , We claim the same Equity that former Parliaments afforded to such undertakings , We having in this expended near 80000 l. to the very great benefit of the Common-wealth , which We hope may merit the same confirmation former Parliaments hath afforded to the like Undertakings .

That Commissions of Sewers were antiently part of the Commission of Oyer and Terminer . ●eg . 127.

That they were issuable at the Kings pleasure , and that the King ( as he who had the Supreme care of things of publike concernment ) was bound to grant such Commissions upon all emergences .

That this was the Constant Opinion , We find in our Antientest Books of Common-law . That it was a constant practise , We find many such Commissions Ca Rep. 10. ●41 . In the Reg . ●276 . ● . N. B. 113. 6. H 6. 5. 25. H. 8. 10. ●3 . Eliz . c . 9. 6. H. 6. 5. 7. Ja. ●0 . ●3 . H. 8. 5. 2● . H. 8. 5. issued , two especially , long before any Statutes now known in England were made , they were both sent into Lincoln shire , and the first into the very parts where the Earle made his Works , and at that time to have done this very Work that the Earle hath now done .

But because those Commissioners were temporary , to Persons sometimes Strangers in the Place , and ordinarily in redresse of Mischiefs already happened by some former inundation , some Statutes have from time to time enlarged the Power of Commissions to act as well in Prevention , as Redress ; and appointed those Commissions to Gentlemen living on , or near the Place , who by their timely notice might prevent , and their Authorities were made constant for certain number of years .

The first Statute to this purpose we find in Henry the third his time , which is as antient as any Statute now known in England , very many subsequent Statutes have enlarged their Powers in such Particulars as in experience they found necessary , viz. to inable them to tax all Lands which might receive benefit , or avoid losse : to make new Dreyns , if they upon their view and observation found the antient Ones were not sufficient ; to distrain , and sell for not payment of those Taxes , or in their discretions to charge such Lands perpetually , or to sell them for years or lives , in Tayle , or in Fee .

And because the Commissioners were Gentlemen of the Country , not ever so intelligent in every scruple of Law , it is by later Statutes provided , That their Decrees shall not be examinable but in Parliament ▪ as divers heretofore have been ; but those Parliaments never avoided them , if they found the course taken by their Commissioners , might probably do the work , though it was not yet really done . But on the contrary , rather than lose the benefit that might thereby accrue to the State ( although those Commissioners might in some thing have erred in judgement ) they did confirm their Decrees , and som●times better the Contract in behalf of the Undertakers , as they did Tindalls Law , Lovells Law , &c.

That those Lands undertaken by the Earle of Lindsey were hurtfully surrounded in Henry the fifth his time , appears by Presentment at a Session of Sewers at that time .

That the Earle hath pursued the most effectual course in doing the work appears by Acts of Sewer , at a Session at Donington before Charles Brandon Duke of Suffolke , and many more eminent men in 34 H. 8. who decreed the making of new Dreyns in the very same place , and the same out-falls to the Sea that the Earle hath done , only the Earle hath made the same , and some more , and much more capacious , and that the Commissioners then laid the Tax generally , as the Commissioners now laid this last , before their Contract with the Earle .

That upon great complaint of the Inhabitants at a Session of Sewers at Sempringham , 8 Eliz . before the Earle of Lincoln Lord High Admiral of England , and many more , a general Tax was laid for the repairing and enlarging Dreyns to carry away waters that in those Fenns then annoyed them .

At another Session 17 Eliz . at Swinstead , upon complaint of the Country that they were then more drowned than formerly ; the Commissioners then decreed the making such Dreyns as the Duke of Suffolke and others had decreed in Hen . 8. his time ; and such as the Earle hath since made , and they then laid a Tax upon the same Lands , but it was not paid , and so nothing was done .

At Bourne in 6 Jac . the Commissioners upon their view of the great inundations that time , laid a general Tax for doing some work in the said Fennes .

But about the 5 Car . Sir Antony Irby , Sergeant Callis , and other Commissioners of Sewers , and of the Peace , then finding all former Attempts fruitlesse , by reason the Inhabitants would never pay the Taxes , nor the Lands by reason of the Surrounder had no Cattell upon them to render Distress , and well understanding that the King was bound , as is expressed in the Preamble of all Statutes of Sewers to give direction in works of this nature and Reg . 127. ●3 H. 8. c . 5. 7. Ja. 10. 26. necessity . Those Commissioners We say , upon those considerations did by their Letters remonstrate to the then King , the necessities and profits of dreyning this Land , and beseech'd his Majesty to recommend some Persons of Honour to contract with them as Undertaker ; the King was pleased to recommend the Earle of Lindsey ; however before they made any Contract with the Earle , 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 . lest their endeavours should have been as fruitlesse , 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 Fennes ; after many Proposals and Refusals , it was fully agreed , and a perfect Contract made with the said Earle , that the said Lord should have as a reward for dreyning all between Bourne and Lincoln , 24000 Acres , and as soon as he should have finished 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 dreyned .

The Earle applyed himself to the work , and 12 Car . at a Session at Boston , the Commissioners being 24. apportioned his part out of each particular Fenne .

At a Session at Bourne 13 Car . 10 Commissioners ascertained the Place where his Proportion in every Fenne should lye .

This Law was after confirmed 15 Car . at Sleeford by 18 Commissioners .

After in the same year by 19 Commissioners it was viewed entirely upon the Place , after at a Session at Sleeford the said Commissioners did decree the Possession to the Earle . After which ,

The Earle did inclose it , build , and inhabit it , plant , plough , sow and reap two years without disturbance , the third year the Parliament then sitting , and having received six clamorous Petitions from some of the Country , and examined many of their witnesses , did as they conceived just , grant Orders from both Houses , to quiet the Earles Possessions , and secure the Croppes then upon the Land : But the Petitioners in contempt of all , ( pending their Petitions violently entred and destroyed the Dreyns , Buildings and Croppes then ready to reap , and of a very great value , and have ever since held Possession against the said Earle , and perished his Works , which was the highest contempt that ever was done to a Parliament sitting .

IN the year 1646. after the War ended , the Dreyners did Petition the same long Parliament to restore them to their Possession , and to settle the said Dreyning , and the Parliament did refer the business unto a Committee , where all the Members had voyces , that would come , and after seven years examination of all Differences complained of by the Dreyners and the Rioters , with their Councels on both sides , untill that both sides did publikely declare to the Committee , that neither Party had more to say : Whereupon , the Committee to give both Parties content , did refer the drawing up of the Report unto the Solicitors and their Councels on both sides , out of all the Papers and Examinations that lay in the Clerk of the Committees hands ; and accordingly the Report was by them drawn up , and every leaf thereof signed under by the said Solicitors and the Councels : And this was done by Master Thomas Hall's advice , who did assist the Solicitor for the Rioters , and did approve of every Particular before it was entered into the said Report ; which was after delivered by both Parties unto the Committee , and by the Chaire-man of the Committee , was presented unto the House , and on the reading thereof , the Parliament did Order a Bill to be brought in , for making an Act to settle the said Undertakings , and did appoint several dayes to read the said Bill , which was tendred by Master John Goodwin : but that Parliament did end before it could be perfected . As the Parliament Records do shew .

THe Fennes in Question have ever been hurtfully surrounded , and that for some hundred years last past it hath been the constant endeavour of the Country to Dreyn them , which could never be by them effected , untill the late Earle of Lindsey did undertake and perform that Work . Upon Contract , and much importunity from the Country .

It also appears by the Lords and Owners not paying their Tax of 13 s . 4 d . an Acre , that they did not value those Fenne-lands to be so much worth , before the Earle's Undertaking , only the Earle of Lincoln did pay his Tax for 300 Acres , and his said Lands he holds by the same price .

Also when the Earle had perfected his Contract with the Commissioners after four or five years Treaty for 30000 Acres , and at last agreed for 24000 Acres on the Countries free proffer thereof , he did publikely propose to any of the Country that would , should be admitted into Partnership with him for doing the work at Forty shillings an Acre ; but the work was thought in those dayes so hazardous , and the Land so little worth , that only the Lord Cobham , Sir Edward Heron , and Mr. William Langton , did come in to adventure for their own Fennes only at Forty shillings the Acre .

Lastly , note that all Treaties for this Dreyning was ever in publike many thousand of Commoners present ; and when the Contract between the Commoners , and the Earle was made at Sleeford in that Church , in presence of six or seven thousand of the Commoners , no one dissenting , but so joyed that the Earle would accept of 24000 Acres , that the Earle was much crowded by the People , who accompanyed him to his Lodging , throwing up their Hats , and hollowing lowdly Acclamations of joy in his Honour , where it cost the Earle 150 l. in Meat and Drink amongst these kind men ; for if any words of Dislike had been from the Country , the Earle and his Participants would never have laid out their Estates on this work , but when so many endeavours of past Ages had been fruitlesse , and upon invitation from the Commoners , and after five or six years publike Treaty , in the face of the Country , a Contract was thus made ; and three years after , when that hazardous work beyond expectation was perfected by the Earle , Who could imagine to find such Ingratitude as now appears from those who were so mightily benefited by this work !

't is also evident by the Dreyners great Houses built , and the 14000. Acres being planted , plowed , sowed , and reaped for three years together , that those works were fully performed , and that they had Possession .

And it appears by the Dreyners Houses being pull'd down , their Corn and Plantations , with all those chargeable Works destroyed , that the Dreyners were thrown out by a Riot .