YOur Lordship having done me the honour to de­sire my opinion concerning a late Printed Ar­gument, intituled Navigation prejudiced by the Fen-drainers, which was published in the de­fence of the Lin Petition, lately delivered to the Committee for Petitions; I shall first tell your Lordship what reputation that Petition hath here in the Country amongst indifferent and sober men, who do not stick to say; That it was a senseless Petition, presented in the name of the Town, whereas the chief Merchants and Traders there disclaim it, and have signifyed their dislike thereof to the late Parliament under their Hands; That it was exploded by the Commissioners of Sewers lately sitting at Lin; One of which (they say) understands more of that Outfall, and is more con­cerned in the preservation thereof, then all the Petitioners put together. They say, with much truth likewise, that the Towns of Denner, Helgey, and Littleport have counterpetitioned the Parliament, alledging that they ought not to be destroyed (as they must be, if this petition take place) upon the vain feares of the Petitioners, unless they brought more reason for what they say.

But that which is most wondred at here is, that so little conscience should be used in the framing of that Petition; as first, to set [Page 2]forth the Town of Lin in her former flourishing condition in the time of peace, what number of Ships she had, what Trade they drove, what Countrys she enriched, what Seamen she imployed, what Revenew was raised to the Commonwealth, &c. and then to bring her upon the stage (like a desolate Widdow) lament­ing her lost glory, and imputing all this misery (forsooth) to a Dam made by the Adventurers, about one year and an half since, neer a place called Salters Load, and about sixteen miles from the Town of Lin: when all men know, that the change (if any such be) it is the effect of the late disturbances at Sea; and that is the com­mon Fate of all the Port Towns of England. And they say confi­dently, that it would have been much worse with them at Lin, if the Fenns had not been undertaken, whereby so much money and Trade hath been brought thither.

But it is supposed, that this Artifice was used, only to accompa­ny and aggravate the Clamours, which were stirred up in other places by Sir Iohn Mainard and his Agents, upon design doubtlesse to overthrow the whole work, by the forcible impression which that noise might make upon the suddain with persons, that were not well acquainted with the present and former condition of this Country. And it is thought, that many complaints came in, that would not have appeared, but that Sir Iohn gave them assurance by his Letters (that were publiquely read in some places in the Level) that they should not doubt to have their Land again; for there were but sixscore of the Parliament; and that he was sure of fourscore of them on his side.

My Lord, this being the common talk and opinion here of this Petition, I can assure your Lordship, that it will receive no increase of reputation or credit, by any thing that is alledged in this printed Argument; which may as well conclude, That Ten­terden Steeple is the cause of Goodwin Sands, as that the Dam at Salters Load is the cause of the filling of Lin Haven. But now to begin.

The Petitioners are sorry, he saith, to see so much tergiversation used, &c. What is meant by tergiversation or unwillingness to give or [Page 3]receive satisfaction I know not. To the Scandalous Petiti­on of Sir Iohn Mainard the Adventurers gave in their Answer at large, and printed it. To the Petitions of Cambridge and Lin, because they contained matter of Fact already heard and determined before Legal Judges, they Petitioned to have the opinion of the Parliament whether they should Answer or no, and thereunto annexed their reasons, which are likewise in Print, and not Answered nor pretended to be by this Cham­pion for the Lin Petition. A Conference with the Drainers was never desired, and if it be, it will (no doubt) be embraced, for they are apt enough to believe (as the Defender saith) that no good work hath its perfection at first, and if they can be convinced of any defects or omissions in their works, they will no doubt be willing to amend it. But for the Levitie and Blasphemie which the Defender is pleased to note in the ex­pression of not Draining the Seas nor the Skies, he is too sharp and censorious; it was an Ironical speech, which that Ingeni­ous Gentleman, who wrote those short Answers and publish­ed them upon his own account, is very well able to de­fend.

And now we are come to the Dam at Saltars Load, alledged to be the Principal cause of these mischiefs and fears.

The Condition of the Draining without prejudice to Naviga­tion is admitted: and we shall not differ about the word Pre­judice; call it Dammage or Injury, which you will, and he need not trouble the Great Charter of England, nor so many other cited Statutes, to prove that no prejudice ought to be done to Navigation. For that is not the question. The Adventurers deny, any prejudice to be done; and so it appeared at Ely, in March last, before the Commissioners; where the same Ar­guments were used, that are now, and six Witnesses exa­mined on either side.

But I cannot allow that Inference that he would make; that [Page 4]because a private man may not set a Sasse, or make a Dam over a Navigable River; therefore neither Commissioners of Sew­ers, nor the Drainers (though they have an Act of Parlia­ment, which particularly inables them to set Sluces and Sasses) may do it. If that were so, why is it named in the Act? for every one knoweth that Sasses are only set upon Navigable Ri­vers. And it is well known, that Francis late Earl of Bedford, your Lordships Father, did erect a Sasse at Welcreake (which the Defender calls the River of Nean) by the povver of Lin Lavv only, vvhich vvas never presented as a Nuisance, but contrarivvise the Watermen themselves have desired it might be repaired and upheld, and so it vvas accordingly.

And for that the Defender saith, because they could not be heard, he meanes, prevaile (for heard all men knovv they vvere, & vvith much patience) at Peterburgh, nor at Ely, they were forced to flee to the Parliament. So may any unjust or vexatious person say; Because I am overthrovvn at Lavv, I vvill try vvhat the Legislative povver vvill do for me.

But the Defender hath plain and evident Demonstrations and Proofs. What his Proofs are, it doth not appear, being taken by the Committee of Petitions and not published; but this I shall say, that if the Deponents be Watermen or Commo­ners they are Parties; and if they depose to matter of opini­on (towit) that these Dams and Sasses are the Causes of the pretended prejudice; they are no competent Witnesses, it be­ing matter of Art, wherein they can have no knowledge.

What his Demonstrations are comes now to be examined, and they consist he saith of two heads.

1. That their Navigation hath received of late very real and con­siderable prejudice.

2. That the Ʋndertakers for Draining are the Authors of it.

The six Rivers, there enumerated, did lye, saith he, all open, and the Tides from Sea did put into them more or less, &c.

It is true, the Tides, at least the Spring-Tides, did put up into some of these Rivers; which was the occasion of drowning the Level. For when the Spring Tides meet with the Land Waters that came down those Rivers, they were driven over the surface of the Level; and the mouthes of most of these Rivers were so silted up by the Tides, that they were deeper and broader above, then they were below: and at this time it is like that some of them might have been land­ed by this two years drought, if not prevented by the Sasse; even Ouse it self as high as Ely; and so Navigation lost, and the Level destroyed, and the Rivers left to find new Channels, (as that of Wisbich was, before the Draining) the Tides being stronger then the Fresh water, through the Drought, and therefore not able to scoure out the silt. And he must note by the way, that much of this water which now falls out at Lin, had formerly its issue at Wisbich, which was then a very considerable Haven: and this appears by the large Channels of the West water, & of the old River of Welnea; which diver­sion, hapning (as it is supposed) by the neglect of Commissi­oners of Sewers, was the decay of Wisbich Haven, and the making of Lin: by which it is evident, that it is the abound­ance of fresh that keeps these outfalls open, and not the Tides. For if it were possible to set a Sluce or Sasse within half a mile of the Town of Lin, that should stop out the Tides from com­ing up the River; If the Sasse or Sasses could be made great enough, that Haven, by raising the water from within by the salt dore; to let it goe at low Water, might be, as well scowred and kept open, as it is now: and that is clear in the Harbour of Dover, (cited by the Defender) that a very small fresh kept up high by the help of a Sluce, and let goe in the time of the Ebbe, scowres that Harbor and keepes it open. I doe not speake this, that I am against the coming in of the Tides; Nor have the Adventurers fallen upon that way of [Page 6]draining. For it is well known that the Sea flowes up from Lin, almost twenty miles in his old Channel; and where he is stopped from going the old way, he hath a new River, and a large Wash provided to receive him; which are of much larger receipt, then all the five Rivers put together. And whereas he saith that the Old Channel of the Ouse is deeper then the New: It is not generally true. In some places it is deeper, and in others it is not two foot deep, as at Ely, Stretham, Wil­lingham, &c. when as the new River is eight and ten foot deep in some places, and in none lesse then six foot. And that was the reason, why that narrow Cut was made below Ely, at Rassel: because the Water there (which running in a broad Channel, they had not above 14. inches water many times, and the Liters were forced to stay for a Spring-Tide to help them over) being now contracted into a narrower Cut keeps constantly three and four foot water. But of this there will be occasion to speak hereafter.

The true state of Navigation here formerly was this. The Fens being under Water, as they were a great part of the year, the Watermen vvere much troubled to keep vvithin the Ri­vers, and therefore they vvere at the charge every year to have them beakoned out. Their hailing Horses and their Boyes that drove them, vvere forced to go up to the middle in Water, and vvhen they came to a Dike or Slovv, that they vvere to passe, (vvhich vvere very many in the Fens) they vvere fain to take in the Boy and Horses into the boat, and set them out again vvhen they vvere past it, vvhich vvas no small hindrance and losse of time, besides the death of so many Boyes and Horses vvith this unreasonable dealing. And vvhen a Land-flood came dovvn from St. Ives vvith a We­sternly or Southernly Wind, the current vvas so strong, and the footing so bad for Horses, that they vvere forced to lye still a vveek together. Their summer Navigation vvas this, [Page 7]when the Springs were very low they could come with their Keeles no higher then Modnie Cole or Helgie House, being a­bout twelve miles short of Ely, by reason of a Cravel there, that at a low Water was not above eighteen inches deep; but most commonly the Keeles came up to Lambs Weare, four miles short of Ely, and there they stayed to empty their La­ding into Liters, and those Liters when they came to the Gra­vel at Rassel, they were forced to stay for a Spring-Tide to help them over, the neaps not coming up so high, and if the Wind sat so as to keep back the Tides, they were fain to stay till another Spring. At Stretham, Twenty Pence and Willing­ham gravels they were in a worse condition; for the Tides not reaching up thither, they were forced to stay there sometime till a fresh came down, and sometimes to take their gangs of Liters asunder, and to hale them over one by one, still empty­ing and taking in again. Which Passage was so troublesome, and so farre about, that after Bedford River was made, the Watermen presently forsook this Navigation round about by Ely, and carryed all their Commodities up Bedford River, in a Straight Channell from Salters Lead to Erith, St. Jves, Hunting­ton, and the parts adjacent. Which was a plain confession, that the Drainers new Rivers are better for Navigation, then their Old ones. The use of which Bedford river the Country had for the space of fourteen or sixteen years without paying one farthing for that benefit and I am perswaded that if but two pence a Tun had been taken for that passage (as might in justice have been done) it would have raised almost money enough to have perfected this second draining. But these Wa­termen are a kind of people, my Lord, that for all the good you do them, you must expect nothing but railing; which is so customarie amongst them, that they cannot forbear one a­nother. But I wonder it should be fathered upon [...] the Inhabitants of the Town of Lin, who cannot be ignorant that [Page 8]the improvement of the Fens will make their Port the third (if not the second) of England. But such is the perverse na­ture of some men, that when they have once embraced an Er­rour, they will employ all their witts to make it good.

To which end this Defender of the Lin Petition, hath ta­ken the pains to trace all the Rivers from one end to the other; and quarrels with your Lordship, because he cannot go the old way from Lin to Peterburgh, by March and Ramsey (which is above sixtie miles) whereas now Wisbich river is opened by your Lordship and Participants, he may go that way above twenty miles nearer. These are the injuries he complaines of.

1. Concerning the River of Ouse, he saith, that it is now laid dry between Erith and Harrim [...]r. I confess there is not much water at present, and yet Boats do daily pass that way, through the Sasse at the Hermitage (as the Sasse-Keeper will be deposed.) And the reason why there hath been so little water there this Summer is; because the Watermen would not suffer that Sasse to stand open, in regard that it drew down the river so low upwards, that they wanted water to get up to St. Ives: But as the Springs rise again, and the Drainers become Masters of their own works (which hitherto they have not been) there will be a sufficient Navigation that way. But for a Boat of fifteen Tun to passe that way, if any such thing were (whereof I am very doubtfull) I am sure it must be when the Fens were extreamly drowned. And such a depth of water ought not to be expected again.

2. At Harrimer, he saith, there was eight or nine foot water. There he equivocates again. For it is visible, there cannot be such a depth of water, unless it be when the Fens are very much drowned, for the mouth of that River, being gaged, is not four foot deep from the Levell soile; and the Watermen cannot deny, that the Grant there was so stopped up with [Page 9]mud and Ouse, that St. Ives water brought down, that no Boat could passe in and out that River: in so much that a Gentleman of this Country, willing to befriend them, made a short Cut through his own Several, through which they passe to this day (paying a small duty) and left the main Channel, it being unserviceable.

3. For the narrow Cut at Rasshill below Ely, and the Dam there, or Overtoe, though somewhat hath been said already, yet thus much more I must tell him; That as soon as that stop was made, the water in the River at Ely was raised, from se­venteen inches, to three foot and an half; and that according­ly this stop serves to raise the Water in Grant as high, and high­er, then the Tides did formerly raise it. And for the narrow­nesse of the said Cut, (so much complained of by this Defen­der) it is neer 20. foot wide, and being about one mile in length, there are four Triangles (or broad spaces) made on purpose for boats to passe by one another; and since the Sass is set at the end of it, Boats go up with much ease, that is to say, a Gang of Liters is haled up with one or two Horses at the most.

That these Rivers are scanted with water because the Tides are kept out, is a mistake. For the fresh water doores of the Sass at Salters Load do hold up the fresh to supply the want of the Tides; So that this Sass (which he so much quarrels at) hath not only preserved that part of the River that lyeth behind it from being silted up this Summer, as high as Ely, being about twenty miles off; but likewise hath kept such a plump water all this dry season in that and the other rivers, sometimes even Level with the soile, that no Waterman (that hath any hone­stie) but must confess and acknowledge the advantage they have had by it.

4. To the delay and danger of passing the Sasse at Salters Load. I have my Lord, inquired, and I find, that there is a free passage [Page 10]granted at all times, even to a small Boat that comes alone with a load of Turf, or the like; which is more, then is fitt to be done with a Sasse of the consequence this is; and that there is no danger before or behind (if Watermen will not be careless) not half so much as passing through London Bridge; and of above 30000. Boats at least that have gone through, I cannot hear of above one that was overturned, which was at the stopping of the Ouse and making of the Dam, the flood being then let in through the Sass, first of all, & all Watermen stay­ed till Level water, except one of them who would venture to have the reputation of the first going through the Sass, so that it was the Watermans fault, who would not be ruled by the Sasse keeper; but no goods or men lost. Indeed Order was given, that Boats should not passe in the night time, or on the Lords Day (and it is fitt it should be observed) but as it was said before, the Drainers are not Masters of their own works; nor can expect to be, as long as the Watermen are encouraged by the like Petitions.

Now he comes to speak again of the silting of Lin haven. It will be necessary to say somewhat of the nature of that Ha­ven. It is about ten miles from Lin haven to the Deeps; all that way the Tide comes over a quick or moveable sand, where the Channel alters very often: in so much that the Town is at the charge of one hundred markes per an. to have it marked and beakoned out. And the ships that are inward bound, if they cannot reach the Port with the Tide of flood, they are necessitated to fall back again into the Deeps, for fear of the Sands. And it is no wonder that this Haven is apt to silt, when the wind & Tides raise the Sands and lodge them there; but for him to conclude; That all these Prejudi­ces and [...]nc [...]nveniences are to be imputed to the taking away of the fresh water of Nean, and to the Dam made at Salters Load, I see not the least probable consequence.

For that part of Nean, which came down at Welcrick, was not considerable, but in times of Land Floods, when the Fens were drowned; and the Town of Wisbich (to whom that river doth rightly belong, to maintain their Outfals) cannot be with­out it. For seeing the river of Welland is appropriated to Spalding (by the late Act of Parliament for draining, &c.) and that the Westwater, and the old river of Welnea are carry­ed to Lin (which went formerly to Wisbich) it were great in­justice to deprive them of one drop of the Nean; unlesse he will say, that no consideration is to be had of any Town, but Lin.

And now the Defender is at the Dam again, and that must be the principal Cause, because he saith so; for having followed him in and out (as the river of Ouse did formerly run) where he is sometimes at fourthly, then secondly, then thirdly, then secondly again, then thirdly, then first, then fourthly, then fifthly, then sixthly, then fourthly, then lastly, then secondly, and then thirdly, I do not find, in all this labyrinth of clauses, any thing like a Demonstration, or indeed like a probable Argument: but (by his leave) I will give him a Demonstra­tion to the contrary, that will trouble him to Answer.

The Outfall of Lin hath five rivers, and about an hundred Land Brookes, which discharging themselves into these rivers, run all out at Lin Haven; besides all the Downfall of the Middle, and South Levels, of Marshland, Needham, Coldham, south of Wisbich, Church­field, Playfield, &c. the Lands on the North side of Down­ham, amounting to above 300000. acres besides the river which comes from Pentney, and the flux and re­flux of the Sea 30. miles into the Land.

The three Outfalls of Wisbich, Spalding, and Boston, are kept open by four small rivers only, which do not all of them bring down so much water as comes down to Lin.

And therefore the Outfall of Lin must necessarily be kept open, and by consequence the Haven and Na­vigation maintained.

And whereas he saith, that the Outfall may be maintained as to Draining, and yet the Navigation lost by reason that the Channel may grow too narrow; Thats a meer Fancie of his own, for the narrower the deeper; and it can never be so narrow, but that there will be room for ships to passe.

Now to give him the true reason of the present decay, and silting of Lin Haven and river. I say, first it is so all over Eng­land: let him inquire of the Thames, the Severn, the Trent, (the noblest rivers of this Island) or, which are neerer, Nean, Welland, Glin, Withen; and he will find, they are all this year extreamly silted, and the water carriage much risen; for this cause alone, that the fresh hath been so weak and low these two last years that it hath not been able to carry away the silt which the Tides put up. And when Providence will, that the Springs rise, and the Brooks run again, all this silt and sand will be scowred out and carryed away.

And this shall be confirmed by the reason, he urgeth from Sir Cornelius Vermuyden, and which is taken as granted by himself, where he saith, that the height and swift running of the fresh is that, which grindeth and keeps open a Channel. Now pray, my Lord, let me ask him this question. When Bedford water comes down contracted and lifted up, between the North and the South Banks, from Erith to Salters Load, whe­ther doth he not think that it will be a higher water, then ever yet was upon the Fens; and (by consequence) come swifter, and with a greater force towards Lin, then when it came twenty miles about by Ely, and spread it self over the whole Level, where it was carryed up and down with every wind, and there lay socking into the Fens, till a great part of it was dryed up by the Sun, which shall hereafter (by reason of those [Page 13]banks) come down in a swift current, whole, and without any diminution?

The proof whereof is apparent, by the wash that runs from Peterburgh to Guyhern; when (in the year 1650. and 1651.) the water came down in six hours, from Peterburgh to Wisbich, which was formerly a week, or a forthnight in coming; and was, at the lower end of that wash, five or six foot above the Levell soile; which sent such a stream through Withich Town, that the like was never seen before; Boats could hardly steere through the Bridge; and it did grind the Channell (below the Horshoe) nine or ten foot deeper, then it was; which is almost an incredible thing to be done with one flood; it check­ed the Tide (which usually flowes up to Eldernel) and turned it back to Sea, at the Horshoe; which I can very well affirm; for I saw it my self, and I doubt not, but I may see the like on the other side of the Country.

To that he saith (my Lord) that the water is a free Element and ought not to be restrained, all that is but childish Rhetorick. For all men know, that Fire and Water are good Servants, but ill Masters; and that it ought to be restrained, when other­wise it would drown a whole Country, as this did. And for the discourse, de Mari libero, & Mari Clauso, I confesse they are much better handled, then his Argument; and yet he may observe thus much by the way; That the Hollanders (who plead so much for Mare liberum) are the greatest Imprisoners and restrainers of waters in the world.

For the Sasses and Sluces in their Country are innumerable; by which they have the benefit of water carriage to and from every Town: and quite contrary here in England, men have set Mills, and erected weares over most of the Navigable ri­vers, to the great obstruction of Navigation; But if a Sasse be set up for the advantage of it (as this clearly is) The great Clar­ter of England must be called upon to beat down a supposed [Page 14] Prejudice; which could not in those times be thought of; That ingenious Invention being some hundreds of years younger, then that Statue. Whereas the Navigation from London to Reading and so Westward, could not be maintained, but by the Locks and Sasses upon the River, and so likewise upon many other Navigable Rivers of England.

As for his Milkie way; if he cite that, in commendation of the river of Ouse; I must tell him, that it was one of the worst Navigable Rivers of England and (before the Drainers remo­ved them) the fullest of Weares, Shallows, and Gravels. For it was usuall here in the Fens (to save the charges of ma­king Bridges) to fill the rivers with gravell, which (as it wore away) they supplyed every year by common dayes work: and I must do the Fen-men that right, that in this particular they were very industrious.

Now the Defender is at his Rhetorick again, and (having fancied to himself the losse of the Port of Lin) he declames upon the Consequence and impertance, that Sea Ports are to this Na­tion, which is confessed; but it is told him again, that the de­cay of Trade and shipping is caused by the disturbance at sea, as aforesaid, whereas he saith, that they had eighty sail of ships formerly. I can tell him, that the Port of Dover (by him here mentioned) had before the late Warre, above a hundred faile of better ships; and I could wish, that they had twenty left; Their customes came to above fifty thousand pounds per an. and do not now rise to four thousand pound per an. which is a greater fall, then that he speakes of; and yet no Drainers came neer them.

But supposing with him, that the Trade should return again. (I perceive by this, that he hath some hope left) there will not be Keeles and Boats enough (he feares) to carry up all their Com­modities. What Keeles and Boats do belong to all the rivers, that run through the great Level, is more then any man living [Page 15]can tell; and it would require more time and charge to bring in a true particular of them, then the knowledge is worth; so that for a man to affirm, that there are not vessels enough to carry up eight voyages in a year, (not knowing what Vessels there are belonging to the said Rivers) is an Assertion at Random; and no credit ought to be given to any con­clusion, drawn from so uncertain premisses. If they have not Keeles or Lighters enough, who hinders from building more? for if their Gangs of Lighters did reach from Lambs Weare to Cambridge (which is above thirty miles) what hinders but that they may all passe, one after another, and move all toge­ther. For they never had but one haling side, and (by conse­quence) came one after another, which they may still do with much more ease and convenience; for they come up now with their Keeles to Lambs Weare, and sometimes to the Sluce or Sasse at Rassel, as they did formerly; there they unload into Liters, as they did formerly: and I would fain know why they should be above ten or twelve hours getting up to Cam­bridge, being less then thirty miles; considering, that they stop for no Gravell, as before; and having a constant Water; and that they have dry Land for their haling Horses and Boyes, which they had not before; and that they can hale in the night time, which before they could not, the fens being drowned. From Lin to the great Sasse they come in four hours, from thence to Lambs Weare four hours, from thence to Cambridge twelve houres (in all twenty houres) the Navigation from Lin to Cambridge is performed. So that his Multiplex Prejudicium, is indeed Multiplex Beneficium; and he might have spared his expression of Halfing out the Navigation, and that half the Marriners must either beg or starve, and answer to this question. What would have become of half their Watermen, these two last years, when their Forraign Trade failed them, if they had not taken four or five thousand pound of the Drainers money, for carrying of Cole-seed, Wheat, [Page 16]and other Commodities, which grew in the Fens by occasi­on of this Draining?

And whereas he saith, that though the Constomes be raised to one thousand three hundred pound this year at Lin by the Fen-commodi­ties, yet there is as much more lost in the revenew of Coles and salt. Every one knoweth, that there was never any Custome paid for Coles, and Salt, that were brought from Newcastle to Lin.

Now he goes on. These the Petitioners proofs of preju­dice, &c. He must not make me believe, that he hath proved any thing as yet; nor hath been in the way to do it, the que­stion not being rightly stated. And that which follows, con­cerning Nean, Harrimer, and the Cutt of Rasshill (being but re­petitions, and already answered) I passe by; and meet him (the third time) assaulting the Dam at Salters Load; meaning to blow it up with an Argument of (him that made it) Sir Cor­nelius Vernyden, wherein (though enough hath been said al­ready, to satisfie any indifferent man, yet) because I hope this will be his last Assault, I shall edeavour to defend it.

It is a Principle, saith he, not denyed by the undertakers, that no Inland Harbour can possibly be preserved without a sufficient backwa­ter to scoure it out. This is confessed: but if he mean by his back­water, that it must necessarily be the Tides; that is not gene­rally true. For all the Havens in the Mediterranean, and in the Arches, and the Black Sea, are preserved by the fresh only; there being (as all men know) no flux or reflux in those seas. But to answer him again: supposing that the five Rivers, Brooks, and Downfall (as aforesaid) be not sufficient (which certainly they are) to keep open Lin Haven; yet they have the Tides flowing up thirty miles into the Country; and a large Receptacle to boot, which will hold much more water, then all the other Rivers. Will nothing serve his turn, but that they must flow in, just the same way they did before? That the Haven of Lin, and the Channel to Sea are sufficiently [Page 17]Preservd, this will confute all hath been said to the contrary. About ten dayes since, there was a Ship of four hundred Tun, laden with Wheat (of the grouth of the Fens) set sail from that Port bound for Spain, as I take it; and though she did not take in her full lading, till she came to the Deeps; yet she could not draw lesse then sixteen foot water, when she fell down. I do believe (my Lord) that a Ship of that burthen hath not formerly been seen there; and indeed the Defender (when he speakes of the Shipping belonging to Lin) saith, that they had eighty saile, from two hundred Tun downwards. Let this be well weighed; and then let him tell me, whether there were any just cause for this great outcry to the late Par­liament, which (I hear) hath cost them two hundred pound in bringing up their witnesses, and other charges.

What the operation of a Receptacle (or Indraught) is, I will give him one pregnant instance; and that is in Newenden Levell, in Kent, where Sir Thomas Culpeper (a most experienced, and ingenious Commissioner of Sewers) by making a small Indraught, hath gained such a Channel, that a Ship of two hun­dred Tun may ride at a low water, where a small boat could hardly come before: and the reason is clear. For that the Tides standing in a Receptacle (which ebbs drie) the filt set­teth to the bottome, and the Water returns clearer and thin­ner, then it came in; and so hath the same operation in scow­ring out the Channell, as if it were a fresh: which is not so when it flovves up into the five Rivers (as he vvould have it) by reason that (being alvvaies in motion) it hath not time to settle so much; nor can it (that vvay) ever ebbe dry; Which is enough to prove, that the nevv vvay (the Tides novv flovv) is much better for the keeping open of the Channell and Out­fall, then the Old.

I desire to knovv of the Defender, vvhy the Haven and Channel at Lin is ever better in Winter then in Summer; and [Page 18]vvhy, in the year 1648. the Outfall became deeper then it had been in many years before or since? vvas it not the great fresh that came dovvn that year? All the Sluce-keepers on Marsh­land side can tell him this; and that in Summer time the Tides gain upon the fresh, silting the Channell in some places four, six, and ten foot high; and that in Winter the fresh gains upon the Tides, and carryes all that sand out again, vvhich the Sum­mer had brought in.

As for the Argument he takes from Sir Cornelius: nothing can make more against him (as vvas said before.) For if the higher and contracted Water do the execution, it must be that which comes down between the new banks.

What Fall there is between Ely and Lin, is not materiall, for the same fall remains still for the four lesser Rivers: but the Adventurers have mended the fall of the Ouse; which by new Bedford River, hath the same fall in twenty one miles run­ning, that it had before in forty. But where he saith, That the Keeles came up within twelve miles of Cambridge, he must be ar­rested for that fallacie; and told, that (if ever any such thing was) the Fens were then very much drowned: otherwise I do affirm (upon view taken) that it is impossible. And truly in this particular he must be looked to, when he speakes of eight or nine foot water at Harrimer; of ten foot above the low water Marke at Salters Load; and of Keeles coming up to Willingham, or Erith; it must be when the Fens are deep covered with water. For when there is eight foot water at Harrimer, the Fens are drowned then five foot deep, gaged by W. P. And then (for ought I know) a Keele might have gone any where crosse the Fens; But I hope he doth not expect this from the Drainers, who must keep the water rather two foot below the soyl, then two foot above it.

And now, my Lord, being almost quite tyred with following this wanderer, through his perplexed method, and vain repe­titions, [Page 19](in pursuit of the Demonstration he promised long agoe) I do find, that he hath proved nothing: but that he is put upon a Subject, which he doth not understand. And I am at length arrived at his Answers to the Drainers Objections, as he calls them; though indeed very few of them belong to the Drain­ers, but to the Gentlemen (mentioned before) who wrote the short and full Answers; but to such as are materiall (and not answered in the precedent discourse) I shall give short Replies.

He saith, That the bottome of the old river is deeper then the new. In some places it is, & in some places it is not, as aforesaid. That the Tides are half spent, before they run up into the new Rivers. They may be half spent at Lin; but if he say, that they are half spent at Salters Load, it is apparantly otherwise. For at this present they flow between three and four hours there, as they did formerly. And for his exception to that expression, That the Tides do flow as high into the Country as formerly; the mean­ing is plain. The Tides have raised the water at the Hermitage; and they did no more at Harrimer; and that Harrimer is no further from Salters Load (in a straight line) then the Hermitage.

2. To his Answer to the second Objection. It is true, that at Ely some of the Country did object, that it was not the Ʋnder­takers but the dry Season had drained the Fens, and so desired respite of judgement, and to hold the possession of their Lands till further triall of the works. But doth any man think, that this was a rea­sonable motion? you contract with me for five hundred pound to build you an house; and when 'tis finished, I demand my money. No, you will have a years tryall, to see if the house will stand or no, and after another year, & so in infinitum. This is the Drainers Case. They were tyed by the Act to imbank the rivers, so as they should not overflow the Level; this was proved to be done sufficiently and according to the Act. What could the Lords and other Commissioners at Ely, (or any just man say) but that they must have their Land after the perform­ance of their undertaking, according to their contract?

And yet their Lordships, and the rest of the Commissioners did so farre incline to the Country, as that an offer was made by them, (with the consent of the undertakers) that the Coun­try, (giving security for the rent of the Lands, to be paid only in case they were not drowned) should have the experience of another year; but the Country, after consideration had, returned a Negative.

But he saith, That they made use of a dry season to gain a judgment, and of the same drought to excuse the prejudices done to Navigation. I do wonder with what forehead this can be affirmed, for it is well known, that the Drainers did not go about to excuse any Prejudices done to Navigation; but they stood upon it then (as they do still) that no Prejudice at all was, or is done; And they did prove it, both by Watermen, Merchants, and others of skill, who came then from sounding the Channell; and did depose precisely, to the severall depths, both below, and on this side Lin; which did so clearly evince, what the Watermen had alledged; that the Court was fully satis­fied. And the said Commissioners upon examination drew this Confession from one of their chief Watermen of Lin; (whom they brought as a Witnesses, Ellis, by name) that if the fresh Water doores of the Sasse at Salters Load be kept shut, the Navigation was as good as ever.

3. That Navigation was never so bad formerly in the greatest droughts. I make some Question of that. For it will be pro­ved, that in a dry Season formerly, an empty Boat could hardly get up to Cambridge; And that the Keeles could not get higher then Stow Bridge: whereas this Summer the Keeles have come up constantly to Lambs Weare, and some­times to the Sasse at Rasshill; and the Liters have daily (with­out any impediment) gone from thence to Cambridge.

4. To his very pertinent Instance of making a Dam over the Thames at Greenwich, or at London Bridge, it is worth no better answer then this.

That if such a Dam would save the City of London from being drowned (as the Dam at Salters Load doth all the South Level) and that a better River were made to uphold the Na­vigation; and all this Authorised by an Act of Parliament; I see not where the crime would lye. And I should be very sorry, that the Sasse at Salters Load should bring half that danger and impediment to the Watermen here, as doth the passing through London Bridge to those there: And yet for the common benefit, the Watermen there are contented to dis­pence with their own Interest. And yet I know not, whether that Bridge was set by Authority of an Act of Parliament, as the said Sasse undoubtedly was.

The Adventurers do not say, That more cannot be done by man: but they say, That what is already done hath been sufficient to improve the Navigation. And here the Defender begins to confesse, That the Navigation may be the better above the Sasses, by keeping up the water; but what availes that, if the Channell be lost below? Let him take no care for that; for if there were any danger of that, the Drainers would be as sen­sible thereof as he, or the Town of Lin can be.

5. That the Commissioners sitting at Ely in March Last, did not view the Navigation at Lin. It was enough, that they did see the Navigation within the Level; and for that of Lin, they were sufficiently informed by good witnesses upon oath, as aforesaid.

6. He wonders, with what confidence the undertakers could affirm, that it was proved, at the Adjudication, that full as much (if not more) fresh water did run out at Lin Haven, as for­merly.

This is undenyably true. But to understand it, the De­fender must know, that the River of Nean (being passed Pe­terburgh Bridge) did Branch it self formerly into three streams; whereof one went towards Crowland, another towards Wis­bich, [Page 22]by Mortons Leame; and the third came dowe to Wittlesea, and Ramsey Meare, and from thence (by Bevills Leame, and Lower by Plantwater) part went out by Wisbich; and the remainder of this third part of the Nean (which did not issue by Wisbich) fell down to Well Creake, (a narrow Chan­nel) and so to Lin; which course it holds still. But if he say, That more water would come that way by Stanground Sasse, if it were not restrained; it will be made appear (as was hinted be­fore) that a greater part of the Ouse went to Wisbich by the VVestwater, and Welnea river (which is now carryed wholly to Lin) then will countervaile the stop that is made of that part of the Nean at Stanground Sasse, which Sasse was set about fourteen years since, and so the water Nean diverted from com­ing to Lin; and by the late works, the water of Ouse is prevent­ed from going to Wisbich So that the diversion was before, and the addition of waters since; and yet before the benefit there was no complaint for Navigation.

The seventh is answered formerly.

8. That the raising of the princes of water carriages was a contri­vance of the watermen. It was proved at Ely, that Allen the waterman went every week with his Boats from Cambridge to Lin, and back again; commonly with five Tun weight; and for the same rate he formerly took; which weekly pas­sage he hath continued all this summer. It will rest upon the Defender to name any man before the draining, that made this voyage (being 120. miles) constantly, with such a lading in lesse then a weeks time: and this will trouble him more then his Demonstration.

9. That there was never any constant and certain Navigation between Lin and Cambridge (in summer time) till since the drain­ing. Which is a truth; and it stands upon this bottom. That in summer time the neap Tides were not high enough, to help their Liters over the gravel below Ely: which shall be proved (if he please) by an hundred witnesses.

The conclusion of that Clause, to wit, Therefore the Petiti­oners were not to be relieved, even in Parliament, is not any where (that I know) asserted by the adventurers; but is his own infe­rence. That which they said, was this (and they think they have reason on their side) That they did desire to know the opini­on of the House, in this Particular, whether matter of Fact, already heard and determined before Legal Judges (not at all impeached as cri­minous or corrupt) should be reexamined before the Committee of Petitions; which was so sober a demand; that I do wonder any man of conscience (or indeed of Common sence) can in­terpret this, to the questioning of the power of Parliament; and much lesse, to the giving of Laws to the Supream Authority.

And for that he speaketh of the want of power in the Commis­sioners after the Adjudication; and would make that the ground of their appeal to the House: It is clear by the Act for Draining, that (notwithstanding the judgement given) they are for three years after, a standing Judicature; and that they now are, and hereafter are to be, without limitation of time, Commissio­ners of Sewers within this Level. But for the Inconsistencie, which he hath discovered, between Navigation and Draining, There is no such thing. They do agree (for ought I know) like man and wife together; and may alwaies do so, if busie and envious men do not raise jealousies, and foment quarrels between them purposely to ruine both: which hath been too much practised of late.

To that he saith, That Prejudice is done to Navigation since the Adjudication, and would make that another ground for an appeal to the House. Though there can be no pretence for any such thing (the contrary being manifest) yet let me aske him this question: why he did not trie the Commissioners here in the Country, or the Commissioners sitting at London, before he flew to the House? for if they had either shewn want of [Page 26]will, or want of power to relieve him, he might have had some colour for his appeal. But I am apt to believe, that this Gentleman had heard of Sir John Maynards letters (before mentioned) and from thence grew consident that he should carry all before him.

For I am certainly informed, that the Enemies (or rather the enviers) of this noble work; when they had long (in vain) laboured to prove the Levell not drained, then fell to al­ledge that Draining did not meliorate; which mistake, or ra­ther falshood, being so irrationall, that all men condemned it; they (as a last refuge) flew to the Navigation; (as knowing that if the same had not been preserved, it was the overthrow of the work, as indeed it is;) And (through the dryness of the season) they indeavoured by fallacies to overthrow the work; but the falshood and subtilty of their allegations being easie to be discovered by knowing men upon the place, they leave the Judges, appointed to determine upon the place, and en­deavoured to have their complaints heard by the Committee of Petitions, who they knew could not be spared to go to the place, and discover their fallacies.

To that which followes, Answers have already been given; and every part of his Argument, either confessed and avoy­ded, or fully refuted; though not alwaies in the same Order they stand in his Discourse; lest I should have made this (confused enough already) as intricate and perplexed as his.

And now, my Lord (after tyring your Lordship, and my self) I am quitt, I hope, of this tedious wrangler, who hath forced me to draw out this Scroll beyond the ordinary length of a Letter; lest he might have thought that he had said something, that could not be Answered; And I doubt not, but your Lordship, and all Intelligent men [Page 27]are fully satisfied, that the Navigation is not prejudiced by the works of Draining; but contrarywise made more Constant, Easie, and Certain, then it was before. So craving pardon for this long trouble, I humbly kisse your Lordships hand, and rest