FOrasmuch as both Parties doe desire to be satisfied the sense of the Committee at their last sitting, which was delivered verbally by me to this purpose, The Committee taking into consideration, that it was [Page 2] now Harvest time, did adjourne unto Michaelmas Terme, and did desire in the mean time, that both Parties would meet and settle the differences amongst themselves, so as an Act may be prepared against the next sitting to passe the House: And that the Committee would move the House that satisfaction might bee made to the Commo­ners for such grievances as shall appeare to bee just, out of the Lands Assigned to the late King, The Com­moners and their Counsell there present expressing that the said Drayning was beneficiall to the Common-wealth.

We the Owners and Commoners in the Levell of Fens between Bourne and Kyme-Eae, declare to Sir William Killigrew, and the rest of the Adventurers there upon the Motion of an Agreement by the Chaireman of that Committee of Parliament before whom their Pe­tition depends.

THat if Wee the Owners and Commoners which have for­merly Petitioned the Honourable Parliament against the ile­gall proceedings of the said Adventurers, and fully proved our Petition before a Committee of Parliament, of which William Ellis Esq was Chaire-man, and hath been a long time sit for a report, may without incurring the Parliaments displeasure (to whom we beare a tender respect, and would be loath in the least manner to disclame their Justice) treate with the said adventures, and that [Page 3] the Parliament wil admit them undertakers, with such of the ow­ners as desire to draine their owneland, we who are content to admit of such undertakers as the Parliament shall commend to us, will treate with them upon such tearmes as may be most profita­ble to the parties interested, and for the advance of the publicke.

At a meeting at Donington Aug. 27. 1649. I was desired by Charles Hussey, Robert Caudron, Thomas Hall, Esquires, William Trollop, Mathias Browne, Samuel Jackson, Gentlemen, John Hardwicke, Robert Hardwick, Richard Toller, Tho. Burton, and Obed Cust, to send this Paper unto you: Some Townes being absent at this meeting, and divers Ow­ners there present, did desire me to take notice they did not consent to this Paper.

THat the Owners and Commoners Petition above mentioned, (which they fay was fully proved at a Committee) wee say was untrue and scandalous, and in no point proved, as touching the Undertakers proceedings, which were by many Witnesses at the same Committee proved to bee just, and legall; and those proofes doe now remaine in Master Ellis his hands, with all the Decrees made in that businesse: And we doe further say, that the Owners and Commoners did not then, nor can now prove any of their unjust Accusations against the Drayners, nor was the cause so fully heard that Master Ellis can be capable to report [Page 4] it who had not any Vote or Authority from that Committee to make a Report, the said Committee being under Adjornment for some Moneths, during which Adjournment some of the Com­moners, with those that now hold up this Contest against us, did reject the Justice of the said Committee, and Parliament, by destroying the Undertakers Works, possessing themselves of their Lands, and so became their owne Judges while the cause depen­ded: by which it appeares, that their proofes then were not such as they now pretend, or durst then trust to: Nor was Master Ellis then fit for a Report of the cause as now they say he is; and that Committee being now nine yeares elapsed, He is lesse fit to make 2 Report.

To the next part of Master Howetts Paper wee answer, That by the Authority of a Grand Commission of Sewers, wee are Undertakers indisputably by the knowne Lawes of the Land; and that the Parliament hath admitted us Undertakers, in their Order to this Committee; and the Committee have recommen­ded to the Owners and Commoners, with their Counsell at the Barre, this Treaty with us the Undertakers, and Adventurers with the Earle of Lindsey: Which now it seemes those Owners and Commoners will not allow of, unlesse themselves may be­come (after the worke finished upon our particular charges) joynt undertakers with us; without which they will not treat of any Agreement; Wilfully mistaking the intent of the Committee, which was, that we should Treat of satisfaction to bee made by both Parties, for the Injuries complained of on both sides. We expected to heare of some Demands to repaire the Losses and the great Dammage by us done to the poore Commoners, by our illegall proceedings (as they say) and they give us onely a Demand that some of those who have against all Law and Equi­ty destroyed our Workes and Possessions should now be admit­ted Drayners with us; as if that would cleanse us from guilt, if we were guilty, and fully satisfie the injured Commoners, if they were injured. Tis indeed a very modest demand, that those our Destroyers may now be Undertakers with us, to Drain what wee have already Drayned; They have torne our Coats from our backs, and would now have a large share of our Coats to helpe us mend what they have torne; this were an excellent [Page 5] President to incourage the like Impiety, and a pretty way to in­cite any multitude to robbe any man of his rightfull inheritance: for so they have used us by pulling downe our houses, by destroy­ing the corne, and ruining those publick works.

Thirdly, to let the world see, that a few mens ingratitude, who appeare at the Committee against us, shall not have power to al­ter our intentions to give all just satisfaction to the Countrey, who have beene generally misled, and mis-informed by some un­charitable guides, who hope to beare out their owne guilts by the poore Commoners innocency; We say, that if the poore Commo­ners doe desire our Friendship, wee will forget and forgive all our Losses, and Injuries by them done to us, as by men mis-led; (and if the generallity of the Countrey doe desire it,) wee will admit such of the Lords and Owners as they shall nominate, and the Parliament allow of, to become Undertakers, and Adventurers with us in our second Levell not yet finished; or if they like bet­ter, we will remit unto them the whole undertaking of that Le­vell not yet finished, so we may have a part proportionable to our Charge already expended to wards that Worke, for we are wil­ling to satisfie the Countrey any way we can. But 'twere a mad­nesse to speake of admitting any of them Undertakers with us in our first Levell, long since Drained at our owne Charge, and all those Lands of ours, long since disposed of to such men as have payed more for the Purchase, than any of the Lords or Commo­ners will now repurchase them at.

Fourthly, since they doe reject the Committees advice, to Treat of an Accommodation with us the Drainers, for wrongs alledged to bee done on both sides, and doe not accept that gracious prof­fer of the Committee, to bestow the Kings Lands on them; We shall be humble Sutors to the Committee, to become Sutors to the Parliament, that those Lands may be allotted to repaire the Works for the good of the Common-wealth; and let our Lands be liable to make a just satisfaction for all the wrongs by us done to the Countrey: for our Adversaries will finde that we doe not value those Clamorous Scandalls they vent against us; And wee doe Declare, that 'tis no dread of any guilt, that moves us to im­brace a Treaty with them, but a reall desire to gaine the Coun­treyes Love, that wee may live like Christians together; which [Page 6] some men for their own guilts doe hinder, others for private ends, and their particular profit doe oppose. For when those Papers, and those Decrees in Master Ellis his hands shall bee delivered in­to the Committee, our Adversaries Ingratitude and Impudence will blush for calling us Projectors, and Oppressors of the Poore; By which Papers wee say it will appeare, that we are as innocent from the first guilt, as they alone guilty of the last: Who doe eate out the poore Commoners with their great Stocks; and doe now gather the poore mens money to maintaine their owne op­pressions on them, to the discontent of the major part of the Commoners, who say they date not complaine for feare of more and more oppression from their rich Neighbours, who doe make them pay equall charge for repairing and maintaining the Drains, though they have no benefit by the Commons, as will be shortly proved: And no doubt the poore Commoners will bee relieved, when their Cause is knowne in Parliament, and their Commons bee stinted for the future benefit of the poore, in case they do de­sire it.

Fiftly, lest some of our Adversaries doe not know, and others have forgotten upon what tearms wee became Undertakers, 'tis thought fit we put them in minde, that in Master Ellis his hands doth remaine the Countreyes first invitation to the Earle of Lind­seyes undertaking this worke; which cleares the Earle from being a Projector as they alledge.

Sixtly, It will also appeare by the Records of Sewers in Master Ellis his hands, that this Contract for the Drayning was above three yeares in agitation after the Tax of 13 s. 4 d. was laid on the Fennes, by 35 Commissioners, the prime Gentlemen of that Countrey; for 'twas three yeares after this taxing, that the bar­ [...]ine was compleated with the Earle by 32 Commissioners, and this done with the generall applause of a great assembly of Com­moners then present, who wrought in the said workes above two yeares, and were enriched by our moneyes; and in all this time, no word of any dislike to the Earls undertaking; which shewes that the people were not displeased with the Draining, nor did then thinke it a Project.

Seventhly, it will appeare by the writings with Master Ellis, that Sir John Brooke, since Lord Cobham, and Sir Edward Hern, [Page 7] did become purchasers of their owne. Fennes, at forty shillings the acre, which was the price offered by the Earle to the whole Country, though Master William Langron, with them two before named, did onely value those lands, in those dayes so much worth, by reason of the charge, and hazzard in Draining; and by the Dates of their Bills of Adventure, it will appeare they became Adventurers five yeares after their first Tax, and above two years after the Contract was made with the Earle; so they could not be parties interessed, and Judges at making the Contract for the Drayning, as our Adveriaries doe maliciously averre against their owne Consciences. Thus clearely we can confute all the rost of their Clamours against us; and so doing we have no doubt but the Parliament having lately setled Bedford Levell by an Act, which is a worke yet to doe, they will also settle Landsey Levell, which is a worke done; and the best worke of that kinde that was ever yet done in this Land; all the Earles proceedings in the worke being after the Example of former Draining heretofore incoura­ged, and setled by former Parliaments; and the same with the Earle of Bedfords, which is by all past Parliaments, and by this Parliament, allowed to bee greatly beneficiall to the Common-wealth: hoping also that the Parliament in their Wisedomes will not permit our Adversaries (by giving us the Title of De­linquents) to eclipse our good deserving in the Undertaking, and accomplishing so great and beneficiall a Worke for the Com­mon-wealth, as wee have done by this Drayning: and also will take into Consideration, that the Profits of our Lands for these last nine yeares ought to have been sequestred to the use of the State, and not imbeseled to the particular Interests of a few rich men; and also will looke on us with equall favour; because after our Compositions made, and upon our good behaviour since, all occasion of that advantage to call us Delinquents, is clearely taken off. We doe therefore Declare to our Adversaries, who reject a Treaty with us, that we do wholly rely on our just cause, and the Justice of the Parliament, to restore us, and repare us, that have done the Common-wealth so great a Service by this Dray­ning. Yet not withstanding all the asperity that has passed be­tween us and some of the Owners and Commoners, wee are [Page 8] still so well-affected to them, that if all the Lords, Owners, and Commoners shall thinke fit to meet us with the like Affection, and come to a friendly Agreement with us, before the next day of Hearing, wee will give them full satisfaction for any Inju­ries we have done them, and will forgive them all Injuries by them done to us: and will remit unto them all the Melioration we are to have out of their severalls, which is like to bee a fifth part of our Contract, and our right, beyond Contradiction. And we thinke this a sufficient expression of our Affection to the Countrey, who know no guilt to make us dread their displeasure and yet doe seek to purchase their loves at so deare a rate.