1. THe Commission of Sewers was before all other Courts of Record , and a Decree of Sewers for non-payment of Taxes , Enrolled in Chancery with the Royal Assent , under the Great Seal is only controlable in Parliament , and all our Decrees are so Enrolled .

2. By many antient Records , ( now in Mr. Goldesbrough's Custody ) 't is evident that these Fenns called Lindesey Level now in question , were hurtfully surrounded with Waters , some hundred years since , and have been several times endeavoured to be drayned by several Persons of great quality , but could not ; which shews the Countreys desire and consent to the drayning in those dayes .

3. By the Countreys proffer to Sir Anthony Thomas , and Sir William Alife to drayn the said Fenns , 't is evident these Lands did need drayning , and that the Countrey did Consent , and desire to have them drayned .

4. By Edmund Jackson Mayor of Boston , Sir Anthony Irby , John Brown , Robert Callis Serjeant at Law , Herbert Pelham , Richard Skipper , Leonard Cammack , George Thorold , Richard Barfoot , and the rest of the Commissioners , certifying the late King of the need of drayning , and their Compliance and Assistance therein , the Countreys consent for drayning is again declared .

5. By the Countreys publick and joyfull reception of the Earl of Lindesey to be drayner , when recommended by the late King , their consent is further declared .

6. By the Commissioners viewing all the drowned Lands in Boats , from one end of the Level to the other , and then laying several Taxes for three years time ( which were not paid ) and thereby declared their consent , and desire to have the drayning proceed , because if the Taxes had been pay'd , the Earl could not be Undertaker .

7. By Sir Charles Huseyes Bill put into this House , and promoted by all the Members that serve for Lincolnshire , 't is evident they did consent , and desire to be drayned .

8. The Commissioners being 32 persons of eminent quality , most of them , and many Lords and owners of the said Fenns , did after three years treating in presence of many thousand Commoners at a publick Sessions of Sewers , proffer and contract with the Earl of Lindesey for 24000 Acres as a compensation , for his charge and hazard of drayning the said Levell , and no Commissioners dissenting , and this done in the face of many thousand Commoners in open Court no man dissenting , but with loud ●●clamations of joy attended the Earl to his lodging , which did sufficiently declare their free consents .

9. Note that the Commissioners of Sewers were then 217 persons whereof were Earles 13. Barrons 5. Knights 43. Esquires 93. Gent . 63. in all 217.

10. Of which number the Commissioners that acted in viewing and taxing the Lands and making the contract , and all the other Decrees , were 78 Commissioners , most of them Lords and owners , whereas by the Law of Sewers , Six Comissioners are sufficient ; publick notice being given for every Session , which was strictly observed , by which those Commissioners who appeared not , are included as consenting ; and what ever is so decreed by the Bench in the face of the Country so publickly Summoned , is taken for the consent of all men any way Interessed , unless some do oppose , which no man did during the Earls three years treaty , nor at his Contract making , nor in two years more , before he began to work , nor in all the time of making the Works , in Building , and Planting , being about nine years time spent .

Note also that the Countrey people did make all the Works , built all the drayners houses , Planted and plowed their Lands , brought in their Harvests two years , and received all their Moneys , and no one word of dislike to the drayning , but all incouragement to the Work , which shewed a full consent ; though the Commissioners have full power to make such Contracts , and to order such publick Works , for an universal good to the Nation , if any froward perverse men should oppose ; all this well considered , 't is not possible to have a more unanimous consent from a whole Countrey , nor is it at all required , or any where practised that every individual man should consent : If this Work had been disliked in those days , why did not these mens fathers ( who call themselves Lords of the Fenns ) oppose the Earl in the least word , which would have deterred him and his Participants from laying out such vast Sums of Money ; But now thirty years after an expence of 80 thousand pounds , invited to it by such an universal desire , and so great aplause , 't is strange that these unjust Clamours , and more unjust demands should now arise .

Note that the Commissioners do covenant in their Contract with the Earl to become Sutors to the next parliament to confirm it by an Act , by which it is evident there was neither fraud nor compulsion on the Earls part , and so full and chearfull consent from the Countrey , as cannot be more expected ; all which has been proved at several times at the House Barr , by the Records , and divers Witnesses of good quality , and Commoners of that Countrey ; And thus we conceive that we have shewed a general unanimous consent of all the Commissioners , and also of all the Countrey , in those days , when those who now oppose were very young .