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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE
PICKLOCK
OF THE
Old Fenne Project:
OR,
Heads of Sir JOHN MAYNARD
his &s;everall
SPEECHES,
TAKEN
In Short-hand, at the Committee
for LINCOLNESHIRE FENS, in
the Exchequer Chamber.
Con&s;i&s;ting of
<LIST>
<ITEM>Matter of Fact.</ITEM>
<ITEM>Matter of Law.</ITEM>
<ITEM>Pre&s;idents</ITEM>
<ITEM>Quaeres and An&s;wers.</ITEM>
</LIST></P>
<P><HI>LONDON,</HI>
Printed by <HI>J. B.</HI> 1650.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="orations">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>The Picklock of the Old-Fenne-Project.</HEAD>
<OPENER><SALUTE>Mr. Goodwin,</SALUTE></OPENER>
<P>_I Shall ob&s;erve this Method in an&s;wer|ing
the Councell on the other &s;ide:</P>
<P>Fir&s;t, I &s;hall &s;peake to the matter
of Fact. Secondly, to the matter of
Law. And thirdly, I &s;hall cite &s;ome
Pre&s;idents in the point.</P>
<DIV2 TYPE="part">
<P>Sir <HI>William
Killagrew</HI> hath mi&s;-&s;tated the matter of
Fact in his Printed Ca&s;e, for therein
he alleadges that the Commi&s;&s;ioners fir&s;t invited the King
to recommend to them an Undertaker; whereas it appears
otherwi&s;e in the Kings Letters, and in three of his Letters
the King varies. The Undertakers, which no que&s;tion was
by Sir <HI>Robert Killagrew,</HI> Sir <HI>William Killagrew,</HI> and Ma&s;ter
<HI>Robert Longs</HI> procurement. The Kings fir&s;t Letter is mo&s;t
ob&s;ervable, therein are couched all the fallacies of the Un|dertakers,
and the foundation of the project: They in|formed
and per&s;waded the King, that he might appoint
and command a Tax to be laid of a Marke the Acre, with|out
any re&s;pect to the intere&s;t of particular per&s;ons, or
con&s;ult the owners: And further, That the Tax &s;hould be
made by the Commi&s;&s;ioners on you, without Verdict; and
that their judgement mu&s;t be the rule of proceedings in
this ca&s;e, and not the con&s;ent of the Owners, who&s;e
aver&s;ene&s;&s;e mu&s;t not prejudice the Publique good. In the
Kings &s;econd Letter, the Earl of <HI>Lind&s;ey,</HI> Sir <HI>Rob. Killagrew,</HI>
<PB N="2" REF="3">
Sir <HI>William Killagrew,</HI> are recommended by way of <HI>Man|damus</HI>
to be Undertakers, <HI>As we expect, and we do command
all manner of per&s;ons to forbeare to make any particular bargains
or works, &amp;c.</HI></P>
<P>In the third Letter it is &s;till by way of <HI>Mandamus, We
have made choice of him</HI> (meaning the Earle of <HI>Lind&s;ey) to be
the &V;ndertaker.</HI> And in the Kings la&s;t Letter, the King of|fers
to give his Royall A&s;&s;ent. The Commi&s;&s;ioners began
legally, for they impannel'd a Jury of the Neighbour|hood,
of twenty five, who found that the Levell was not
hurtfully &s;urrounded. When Mr. <HI>Robert Long</HI> &s;aw how the
Countrey was bent, he wi&s;ely &s;old his &s;hare for <HI>1500l.</HI> to
Mr. <HI>Herne,</HI> Mr. <HI>Nicholas Love,</HI> and one Mr. <HI>Hoyden,</HI> and
they were to be at the charge of draining. Likewi&s;e Mr.
<HI>Long</HI> per&s;waded Mr. <HI>Thomas Killagrew,</HI> and Mr. <HI>Henry,</HI> to
&s;ell their &s;hares, but Sir <HI>William Killagrew</HI> would not be
advi&s;ed, but built a faire Hou&s;e on another folks Lands,
and fortified it, and furni&s;hed it with men, Ammunition,
and Artillery.</P>
<P>Muskets, Hor&s;emen, and Pi&s;tols, in a Warlike manner,
and entertained French and Dutch.</P>
<P>Yet the Countrey would never yeeld po&s;&s;e&s;&s;ion, but al|waies
oppo&s;ed Sir <HI>William,</HI> and the re&s;t of the Undertakers,
the Countrymen were Pur&s;uivanted, impri&s;oned by Coun|cell-Table-Warrants;
&s;ome we heare were wounded and
affrighted with Ma&s;tiffe-Dogs.</P>
<P>Many men were utterly undone and wearied out, and
forced to &s;ub&s;cribe and enter into Bonds.</P>
<P>A&s;&s;oone as the Courtiers &s;aw the Commi&s;&s;ioners joyned
with the Countrey, they procured worthy Patriots to be
put out of Commi&s;&s;ion, and Courtiers, Servants to the
Undertakers, and many of them&s;elves were Jndges and
Parties; After the Jury found the Levell not hurtfully &s;ur|rounded,
they were laid a&s;ide.</P>
<P>And the Commi&s;&s;ioners, many being Undertakers (and
con&s;equently Judges and Parties) got upon <HI>Bo&s;ton</HI> Steeple,
and adjudged all they &s;aw was hurtfully &s;urrounded. They
might, as well have got upon <HI>Pauls</HI> Steeple, and adjudged
<PB N="3" REF="3">
all the rich Meadows and Mar&s;hes on both &s;ides the <HI>Thames</HI>
to be hurtfully &s;urrounded, when they are overflowne by
Land-floods.</P>
<P>If you will &s;ee to the end, you mu&s;t ob&s;erve the meanes,
The Undertakers gave the King 3000. Acres by way of
bribe; and the King gave them 14000. Acres, for being
Judges and Parties; they might be their own carvers.</P>
<P>Likewi&s;e the Undertakers gave &s;ome thou&s;ands of Acres
to divers Lords of the Councell, and both the Secretaries.</P>
<P>I pray Ob&s;erve &s;ome materiall circum&s;tances: Fir&s;t the
time when this project was &s;et on foot.</P>
<P>It was in the Intervals of Parliaments, the onely harve&s;t
for Projectors, then Parliaments were damn'd at Court.
And ob&s;erve the per&s;ons that were the Patrons of tho&s;e
Projectors; they were inveterate enemies to Parliaments.
The Lord Trea&s;urer <HI>We&s;ton,</HI> who was accu&s;ed by Sir <HI>John
Elliot</HI> in 3 <HI>Car.</HI> and mo&s;t in&s;trumentall to impri&s;on tho&s;e
worthy Members, and Sir <HI>John Elliot</HI> died a Martyr for the
Parliament in the Tower: The Earle of <HI>Lind&s;ey,</HI> father
and &s;on, and all the Undertakers, have been again&s;t the
Parliament. Alas there is a bed-roule of other grievances,
and 200. witne&s;&s;es were examined when Mr. <HI>Ellis</HI> had the
chaire. So much in brief to the matter of Fact.</P>
</DIV2>
<DIV2 TYPE="part">
<P>For the Matter of Law, we conceive the&s;e Undertakers
are higher offenders then the Earle of <HI>Strafford,</HI> for they
have not onely indeavoured, but traiterou&s;ly, maliciou&s;ly,
and premeditately, again&s;t the light of their own con&s;ci|ences
and knowledges, have actually &s;ubverted the funda|mentall
Lawes of the Land, and introduced an Arbitrary
and Tirannicall Government: For contrary to the 29.
<HI>Chap.</HI> of <HI>Magna Charta</HI> (which is confirmed by thirty two
Se&s;&s;ions of Parliament, whereof the Petition of Right, and
the Act for the aboli&s;hing the Star-chamber are two; they
have impri&s;oned our per&s;ons, and de&s;troyed Juries, and
put out the two eyes of the Law, Liberty, and Property.
Likewi&s;e contrary to the 15 and 16 <HI>chap.</HI> of the great <HI>Char|ter,</HI>
wherein it is expre&s;&s;ed, That no man &s;hall be compel|led
and di&s;trained to make new ban<GAP DESC="illegible" EXTENT="2 letters"> or bridges, but as
<PB N="4" REF="4">
formerly; the &s;ame is confirmed in the 25. <HI>Ed.</HI> the 3. ch. 2.
the 1. of <HI>H.</HI> 4. chap. 12. the 6. of <HI>H.</HI> 6. chap. 5. the 8. of
<HI>H.</HI> 6. chap. 2. the 12. <HI>Ed.</HI> 4. ch. 7. the 6. of <HI>H.</HI> 8. chap. 10.
All which are knit up in the 23. of <HI>H.</HI> 8. chap. the 5. yet
the Undertakers, many being Commi&s;&s;ioners, have acted
point blank again&s;t the&s;e known Laws.</P>
<P>For the Commi&s;&s;ioners could do nothing without the
Jury, which are Judges of the matter of Fact, and they
are to finde the defaulters according to the 12. of <HI>Edw.</HI> 4.
and the 23. of <HI>H.</HI> 8. and to amerce individuals, and not a
generall levell; and the Commi&s;&s;ioners are to approve of
&s;uch Amerciaments.</P>
<P><HI>Object.</HI> But &s;ay they the undertakers, by the 23. of <HI>Hen.</HI> 8.
the Commi&s;&s;ioners may proceed without Juries by view,
according to their di&s;cretion.</P>
<P><HI>An&s;w.</HI> Sir <HI>Edward Cook</HI> explains di&s;cretion, which is
<HI>Secundum con&s;uetudines &amp; leges Angliae,</HI> otherwi&s;e their pro|ceedings
are irrationall and illegall; Be&s;ides the Com|mi&s;&s;ioners
could not lay a Tax, becau&s;e they were new
moulded of Courtiers which were Judges and Parties, and
the Countrey Gentlemen contrary to U&s;ance, Cu&s;tom, and
Law, were put out and Strangers put in, &s;ome not worth
fourty Marks <HI>per Annum,</HI> which by the Law they ought
to have been; &s;o they were not legall Commi&s;&s;ioners, be|cau&s;e
they were Undertakers, and con&s;equently Judges
and Parties, and could not contract with them&s;elves:
Had they been legall Commi&s;&s;ioners they could not do it
without Juries, and they laid it likewi&s;e upon no body,
for generals &s;ignifies nothing, but as I &s;aid formerly, it
mu&s;t be done by the Jury upon individuals. All the Kings
Letters, which are &s;uppo&s;ed to be indited by Ma&s;ter <HI>Role <GAP DESC="illegible" EXTENT="1 letter">
Long,</HI> were diametrially contrary to Law; The King
could lay no Tax, nor give the Commi&s;&s;ioners leave to
proceed without Juries, nor to appoint Undertakers,
which is contrary to the 43. of <HI>Eliz</HI> and the 4. and 7. of
King <HI>Iames:</HI> In the 43. of <HI>Elizabeth</HI> there is the fir&s;t men|tion
of an Undertaker, and therein he is limited and di|rected,
what, how, <GAP DESC="illegible" EXTENT="2 letters">d with whom he mu&s;t contract: A
<PB N="5" REF="4">
Commi&s;&s;ioner likewi&s;e hath no authority to contract, but
the Contract mu&s;t be by the direction and approbation of
the Lords, Owners, and Commoners, under their hands
and &s;eals in writing indented: Here was no &s;uch matter,
they followed their own lights, which were <HI>Ignes fatui,</HI>
and &s;o fell into tho&s;e pits they digged for others.</P>
<P>They made a Contract with the King, which was an
evil bargain, and they had the Kings Royall A&s;&s;ent, which
&s;ignifies nothing out of Parliament, who ought by Law
to &s;peak onely by his Writs; For <HI>Det Lex Regi quod Rex
Legi, quae Rex jure pote&s;t, Rex ea &s;ola pote&s;t;</HI> but my fellow
Courtiers, thought they were above and beyond the Arm
of the Law, though they were both reached and over-reached
at the la&s;t.</P>
<P>The Judges for Ship money were accu&s;ed for Trea&s;on,
by rea&s;on it was de&s;tructive to Propriety, yet that was not
three in the pound; but the Fenne-Project cuts our e&s;tates
a&s;under at a blow.</P>
<P>In Ship-Money the King had a Judgement by the &s;worn,
or rather for&s;worn Judges, but the Undertakers were the
old Levelling Courtiers, de&s;troyers of Propriety, and got
the Kings hand to Letters of their own inditing; and ju&s;t
as the Earl of <HI>Strafford</HI> produced blanks for all his horrid
illegall Acts, as di&s;arming the Prote&s;tants and arming the
Papi&s;ts, &s;o did the Undertakers produce the Kings Letters
upon all occa&s;ions, e&s;pecially to de&s;troy Jucies, and to
take away our reall e&s;tates, without con&s;ulting the
Owners.</P>
<P>It is the &s;ame with the Forre&s;t bu&s;ine&s;s, for the Judges
&s;ome of them would have made all <HI>England</HI> a Forre&s;t; So
this generation of Undertakers would have incorporated,
and got a &s;tanding Commi&s;&s;ion in all Counties, and &s;o
made <HI>England</HI> the Levell, and <HI>England</HI> to be &s;urrounded,
and in &s;hort time would have taken all we had; This was
as bad as their Levying War again&s;t the Parliament: And
we conceive Sir <HI>William Killagrew</HI> did actually Levy War
again&s;t the Nation, and had his project &s;ucceeded we had
been no more a People: Alas the Law of the Land was
<PB N="6" REF="5">
u&s;ed by the Undertakers as a Murderer in <HI>Frame,</HI> who&s;e
joynts are broken on the Wheel, while&s;t he is yet alive,
and in good health. I &s;hould An&s;wer the Coun&s;ellors pro|lix
Argument, but I know not how to finde the begin|ning,
nor end of his ravelled di&s;cour&s;e; He hath played
the part of a flouri&s;hing Writer, who u&s;ually buries the
Capitall Letter in a curious knot, and in&s;tead of enuclea|ting
the bu&s;ine&s;s, I can &s;ee no kernell but husks and &s;hels.</P>
<P>In my apprehen&s;ion the Gentleman that &s;pake la&s;t hath
gleaned his Argument from my Lord <HI>Finch,</HI> and &s;ome of
the Ship-Money Judges; All he hath &s;poken, is for the
Kings Prerogative again&s;t the Law, that is not now <HI>Ala
mode.</HI> But Ma&s;ter <HI>Goodwin,</HI> I be&s;eech you ob&s;erve, this Ho|nourable
Committee hath &s;pent one quarter of a year on
the point of po&s;&s;e&s;&s;ion, and I hope we have beaten the
Undertakers from that Po&s;t.</P>
<P>Then they pre&s;&s;ed to &s;tate their ca&s;e in Law, and &s;hew
their title, &s;o that we hope now we have gained that Po&s;t
likewi&s;e, and not only got po&s;&s;e&s;&s;ion, which is eleven
points in Law, but the twelfth likewi&s;e.</P>
<P>Now the Undertakers are building Ca&s;tles in the Ayre,
or rather upon a Quick&s;andy foundation of the old Ar|bitrary
Government of conveniency and inconveniency,
if that poynt crack, then they will flie to nece&s;sity, the
old Court Retreat: Let, them traver&s;e their ground and
&s;ence as well as they can, we &s;hall hit them &s;till, and beat
them at their own weapon.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Pre&s;idents.</HEAD>
<P>IN Queen <HI>Elizabeths</HI> days this project was &s;et on foot by
the then Earl of <HI>Lincoln,</HI> who procured a Patent from
the Queen to drain &s;ome of the&s;e Fens: when he was ma|king
his Works and new Drains, contrary to Law, the
Country ro&s;e, and the Lord <HI>Willoughby</HI> of <HI>Erby,</HI> then Go|vernour
of <HI>Berwick,</HI> rai&s;ed the Trained Bands and a&s;|&s;i&s;ted
the Countrey in beating the workmen off: the Earl
of <HI>Lincoln,</HI> complained to the Queen of the Riot commit|ted
by the Lord <HI>Willoughby,</HI> who was &s;ent for to the Coun|cell
Table: The Lord <HI>Willoughby</HI> proved the Earl of <HI>Lin|coln</HI>
<PB N="7" REF="5">
had not the Countreys con&s;ent, but &s;ome few Te|nants
and others of his own faction, that it was for pri|vate
ends and lucre, not onely to drayne him&s;elf and
drown his Neighbours, but to take great propoitions of
Land, which were never drowned for melioration; and
the means my Lord of <HI>Lincoln</HI> u&s;ed was bribes to Cour|tiers
to procure &s;uch an illegall Commi&s;&s;ion that him&s;elf
and his friends might be Judges and Parties; and that it
was again&s;t the 23. of <HI>H.</HI> 8. The Queen upon full hearing
of the bu&s;ine&s;s in great pa&s;&s;ion re&s;umed her Commi&s;&s;ion,
and was wroth with the Earl of <HI>Lincoln,</HI> who had been
committed to pri&s;on, but that his Lord&s;hip made great
friends at Court, and the Queen thanked the Lord <HI>Wil|loughby</HI>
of <HI>Erby</HI> for a&s;&s;i&s;ting her good people in &s;o hone&s;t
and ju&s;t a cau&s;e.</P>
<P>In the fir&s;t of King <HI>James</HI> the &s;ame project was &s;et on
foot and a Petition was delivered unto his Maje&s;tie as
though it had proceeded from the Country, ju&s;t &s;uch a
Petition as Sir <HI>William Killagrew</HI> procured by two Ale|hou&s;e
keepers: For it was onely a few of the Undertakers
faction, like to the Agreement of the People: Sir, <HI>Miles
Sandes</HI> had made many friends at Court, and the King was
prepo&s;&s;e&s;&s;ed it was a glorious work, and for the Publique
good, and the King was made believe the I&s;le of <HI>Ely,</HI> and
the South&s;ide the River <HI>Grant</HI> was hurtfully &s;urrounded;
but when the King was hunting, the Lord <HI>Garret</HI> of <HI>Chip|penbam,</HI>
Sir <HI>John Cotton</HI> of <HI>Chenely,</HI> Sir <HI>John Paytan</HI> of <HI>I&s;el|ham,</HI>
and Sir <HI>Thomas Gee</HI> acquainted the King with all the
cheats of the Undertakers, that they being Judges and
Parties had made many thou&s;and Acres, that were never
drowned, and the mo&s;t part of the Land which was the
better by overflowing in the nature of River Meadows,
to be Land hurtfully &s;urrounded.</P>
<P>That they dreyned and meliorated a little hurtfully
&s;urrounded Lands of their own, and pejorated ten times
as much Lands; which were never hurtfully drowned be|fore,
and that which was mo&s;t gro&s;s and palpable, they
mu&s;t not onely have a third part of that Land &s;o pejorated,
<PB N="8" REF="6">
but a third of &s;uch Lands as were never drowned, for me|lioration:
When the King was fully in&s;tructed, he injoy|ned
&s;ecrecy, and went up to the Parliament and di&s;cove|red
all the Undertakers &s;allacies, and concluded wittily.</P>
<P><HI>It is ju&s;t the &s;ame ca&s;e, my Lords, at though a pack of thieves
&s;hould give me</HI> 20000 l <HI>to give them a Pat<GAP DESC="illegible" EXTENT="2 letters"> under my Broad
Seal to rob my Loyall Subjects of</HI> 200000 l. <HI>by the which I &s;hould
perjure my &s;elf, and become a Theif and Tyrant:</HI> Thereupon
the Parliament <GAP DESC="illegible" EXTENT="1 letter">ung it out for a ba&s;e cheating Monopoly;
&s;ome of Sir <HI>Miles Sands</HI> friends moved he might have &s;a|tisfaction
for the va&s;t &s;ums he had expended; Sir <HI>Edward
Cook</HI> an&s;wered, Let tho&s;e pay him that &s;et him a work, and
further added, that it was fit Sir <HI>Miles</HI> &s;hould give compen|&s;ation
to the oppre&s;&s;ed Country; for trying experiments
again&s;t the Owners con&s;ents.</P>
<P><HI>The Maxime is,</HI> <Q>Plura pote&s;t interrogare A&s;mus, quam re|&s;pondere
Ari&s;totele.</Q></P>
<P>But let the Undertakers ask as many and what que&s;tions
they plea&s;e, we hope to give full &s;atisfaction to this Honou|rable
Committee; but I wil &s;tate the mo&s;t difficult Quaeres,
I ever heard of from the Undertakers, and give them &s;ati&s;|factory
An&s;wers.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Quaeries.</HEAD>
<P N="1">1. <HI>Quaere.</HI> Why did not the Countrey pay the Tax of a Mark
the Acre?</P>
<P><HI>An&s;w.</HI> Becau&s;e it was illegall in many re&s;pects.</P>
<P>Fir&s;t the Commi&s;&s;ioners were illegall that laid it on the
Countrey, for the Nobility and Gentry were put out of
Commi&s;&s;ion, and there was a new Commi&s;&s;ion where the
Earl of <HI>Lind&s;ey,</HI> Sir <HI>Robert Killagrew,</HI> Sir <HI>William Killagrew,</HI>
Ma&s;ter <HI>Robert Long,</HI> and divers Privie Coun&s;ellors who
were bribed, and Courtiers were put in their rooms con|trary
to u&s;ance, pre&s;cription and cu&s;tom, which is the
Law of the Land; and many of them had not a foot of
Land in the Country, whereas by Law they ought to have
fourty Marks <HI>per Annum.</HI></P>
<P>Had the Commi&s;&s;ioners been legall they could not lay
a Tax without a Jury, and had the Commi&s;&s;ions and Ju|ries
<PB N="9" REF="6">
been legall they could neither lay a Tax to make new
works, which is cleared by the 15. and 16. Chap. of the
Great Charter: Likewi&s;e neither the Kings Commi&s;&s;ioners
nor Jurors have any thing to do with the matter of Un|dertaking,
that belongs onely to the major part of Lords,
Owners and Commoners; For they may Contract under
hand and Seal with whom they plea&s;e, &s;o that Commi&s;si|oners
cannot be Undertakers, for then they &s;hould be Jud|ges
and Parties: Likewi&s;e it is again&s;t &s;ence and rea&s;on
that Commi&s;sioners and Undertakers (as they were)
&s;hould Contract with them&s;elves, and give the Countreys
Lands one to another, as my Lord of <HI>Lind&s;ey</HI> gave a War|rant
to the Commi&s;sioners to Judge 14000. Acres dreyn|ed,
his Lord&s;hip being the chief Undertaker him&s;elf: Be|&s;ides
the Tax was laid on no body, becau&s;e it was laid on
the Levell in generall, whereas by Law it ought to be
laid on particular Towns and Individuals, &s;o it could not
be paid legally by any body.</P>
<P N="2">2. <HI>Quaere.</HI> Whether is not dreyning good for the Common
wealth?</P>
<P><HI>An&s;w.</HI> There are two kindes of dreyning, the one is
by the Ancient Commi&s;sions of Sewers.</P>
<P>The other by the more recent way of Undertaking;
both the&s;e are legall and illegall.</P>
<P>Legall dreyning (<HI>viz.</HI>) by Commi&s;&s;ioners of Sewers
of the Nobility, and wel-affected Gentry of their own
Country, and hone&s;t goodmen of the Neighbourhood,
who are to be Jurors, and con&s;equently Judges of the mat|ter
of Fact, who return Defaultors according to the 12. of
<HI>Edw.</HI> the 4. and thereupon, the Commi&s;&s;ioners confirm
their Amerciaments: were the old dreyns thus legally
&s;cowred twice or thrice the year, there would little Land
lye hurtfully &s;urrounded, this is good for the Common-wealth.
But illegall dreyning, that is, to put in Courtiers,
&s;harers, &s;harks and &s;trangers to be Commi&s;&s;ioners, and by
the Kings Prerogative to make them Judges and Parties,
and to impower them to take away the Free Peoples E|&s;tates
again&s;t their con&s;ents by view onely, without Juries,
<PB N="10" REF="7">
and to make new Works for private ends, contrary to the
great Charter, which is confirmed by 32 Se&s;&s;ions of Par|liament:
This is de&s;tructive to Propriety, and the bane of
the Common-wealth: Undertaking is a di&s;tinct thing
from the Commi&s;&s;ions of Sewers, neither has the Kings
Commi&s;&s;ioners of Sewers nor Jurors any thing to do with
the matter or manner of undertaking: This is likewi&s;e
two fold, legall or illegall; Legall undertaking, accord|ing
to 43 <HI>Eliz.</HI> is when the major part of the Lords, Own|ers,
and Commoners, do agree with any per&s;on or per|&s;ons,
or Corporations, for a certain &s;um of money under
their hands and Seales, for the draining &s;uch Lands as they
finde hurtfully &s;urrounded. This is good for the Com|mon-wealth,
becau&s;e it is with their free con&s;ents, &s;o <Q>Vo|lenti
non &s;it injuria.</Q></P>
<P>Illegall undertaking is when the Kings Commi&s;&s;ioners
of Sewers, or others by vertue of the Kings Authority, by
violence, oppre&s;&s;ion, or Councell-Table-Warrants, will
Act as Undertakers again&s;t the Owners con&s;ents; this is
the heighth of Arbitrary Government, and Tiranny it
&s;elf, which is a &s;peedy de&s;truction to a Nation, and the
Pe&s;t of the Common-wealth.</P>
<P N="3">3 <HI>Quaere.</HI> Whether drayning Land hurtfully &s;urrounded, is
good for the Common-wealth?</P>
<P><HI>An&s;w.</HI> If the Drayners be legall, and do more good then
hurt, it may be good for the Common-wealth; but if
they do more hurt then good, it mu&s;t of nece&s;&s;ity be bad
for the Common-wealth. The Undertaker is like the Tin|ker,
he &s;tops one hole, and makes two; he draynes one
Acre for him&s;elf, and drownes two of his neighbours; nay
&s;ometimes twenty: certainly this is bad for the Common|wealth.</P>
<P>Yet he hath drained Lands hurtfully &s;urrounded, and
drowned Lands not hurtfully &s;urrounded, and mu&s;t have
a third part of tho&s;e Lands that were never hurtfully
drowned for Melioration, &s;o the &s;ame former di&s;tinction
&s;till holds good, Legall is good, illegall is bad for the Com|mon-wealth.</P>
<P N="4"><PB N="11" REF="7">
4 <HI>Quaere.</HI> Whether is this Levell of the Earle of <HI>Lind&s;ey</HI>
hurtfully &s;urrounded?</P>
<P><HI>An&s;w.</HI> There are two Verdicts, and fourty Witne&s;&s;es,
that have proved it is not hurtfully &s;urrounded; But if
draining Lands hurtfully &s;urrounded were good, then
draining Lands not hurtfully &s;urrounded certainly is bad
for the Commonwealth.</P>
<P>For to draine dry Land, it is to take away the <HI>Humidum
Radicale,</HI> and &s;o con&s;equently to &s;poile it: Be&s;ides to drain
the Lands floods from our fodder-Fens, and to divert the
Rivers from overflowing, we &s;hould not have half &s;o much
Fodder for our Cattell in winter.</P>
<P>This Levell is of this condition in both re&s;pects, and
the Earles new Draines do much more hurt then good, by
draining dry grounds, which the Undertakers keep for
them&s;elves, and leaves the wor&s;t to the Country, and &s;o
contrives their new Draines, that they hurtfully &s;urround
tho&s;e Lands which were not hurtfully &s;urrounded before;
&s;o they drown us to drain us, but the remedy is wor&s;e then
the di&s;ea&s;e.</P>
<P>There are &s;everall Witne&s;&s;es that have proved this, and
we can demon&s;trate it mathematically.</P>
<P>That by opening the old Draines, it would be far more
beneficiall to the Commonwealth, and it would not &s;tand
the Country in the tenth part of the charge: All which
can and will be done by a legall Commi&s;&s;ion of Sewers,
of the well-affected Gentry of the Countrey, and hone&s;t
Jurors of the Neighbourhood.</P>
<P N="5">5. <HI>Quaere.</HI> Why hath not the Countrey drained them&s;elves all
this while, will they be like the Dog in the Manger, neither do
their &s;elves good, nor &s;uffer others to help them?</P>
<P><HI>An&s;.</HI> The Country are, and have been ever willing, but
they have been ob&s;tructed the&s;e &s;ixty yeares by powerfull
Courtiers, as Lord Keepers, Attorneys-Generall, and the
di&s;&s;olution and Intervals of Parliaments have impeded us;
but when we are rid of the Undertakers, the worke will
quickly be done, both for the Honour and profit of the
Nation, without fraud or coven.</P>
<P N="6"><PB N="12" REF="8">
6 <HI>Quaere,</HI> But had not the Earle of <HI>Lind&s;ey</HI> the Major part
of the Lords, Owners, and Commoners con&s;ents, his Lord&s;hip had
a Petition &s;igned with many hands.</P>
<P><HI>An&s;w.</HI> Ten for one of the Lords, Owners, and Com|moners,
are again&s;t the Earls undertaking; Tho&s;e hands
for the Earle were procured by two Alehou&s;e-keepers, and
mo&s;t of them were Cottagers, no Lords, and but very few
Owners and Commoners.</P>
<P N="7">7 <HI>Quaere.</HI> Would it not be a brave improvement to have Rape
and Cole-&s;eed, Hemp, Flax, and likewi&s;e Corne?</P>
<P><HI>An&s;w.</HI> They calculate and reckon without their Ho&s;t,
that the Cu&s;tomes will amount to 10000 l. 1 s. 8 d. ob.
<HI>per annum.</HI></P>
<P>This is <HI>Ala Mountebanco,</HI> or <HI>Sharlaton</HI> like: Our Fens as
they are, produce great &s;tore of Wooll and Lambe, and
large fat Mutton, be&s;ides infinite quantities of Butter and
Chee&s;e, and do breed great &s;tore of Cattell, and are &s;tockt
with Hor&s;es, Mares, and Colts, and we &s;end fat Beefe to
the Markets, which affords Hides and Tallow, and for
Corne, the Fodder we mow off the Fens in &s;ummer, feeds
our Cattell in the winter: By which meanes wee gather
&s;uch quantities of Dung, that it inriches our upland, and
Corne-ground, (which are contiguous halfe in halfe. Be|&s;ides,
our Fennes relieves our neighbours, the Uplanders,
in a dry &s;ummer, and many adjacent Counties: So thou|&s;ands
of Cattell be&s;ides our owne are pre&s;erved, which
otherwi&s;e would peri&s;h. So take away a third of our Fens,
you extingui&s;h our Rents in our Commoning Hou&s;es, and
our Pa&s;tures, and Corne-ground, proportionably; be&s;ides
thou&s;ands of Cottagers which have no right of common|ing,
mu&s;t go a begging, which the Owners connive at,
becau&s;e they cannot prevent it, being &s;o numerous. So
that Rape, Cole-&s;eed, and Hemp, is a Dutch Commodity,
and but tra&s;h and trumpery, and pils Land in re&s;pect of
the afore recited Commodities, which are the Oare of the
Common-wealth.</P>
<P N="8">8 <HI>Quaere.</HI> Is it not pitty, when Sir <HI>William Killagrew</HI> ha|ving
done &s;o much good by his drayning, and hath &s;pent 30000 l.
<PB N="13" REF="8">
but that the Countrey &s;hould re-imbur&s;e his moneys, there is all the
con&s;cience and rea&s;on in the world for this?</P>
<P><HI>An&s;w.</HI> Fir&s;t, it hath been proved, he hath done a great
deale more hurt then good by his new Dreyners, and when
the Countrey &s;hall make u&s;e of the Undertakers Dreynes,
we will give &s;atisfaction for them, but they are u&s;ele&s;&s;e,
nay pernicious and broken Ci&s;ternes to the Commoners in
Summer, both by dreyning our dry grounds, &s;o we are
con&s;treyned to buy water, and to drive our Cattell very
far in Summer to water them; whereas our old Dreynes
have ever furni&s;hed us with water enough. Then on the
other extreame, their new Works have &s;o hurtfully &s;ur|rounded
us, that our Upland and Corne-grounds have
been &s;poyled by them; this is fully proved by many unin|tere&s;&s;ed
Witne&s;&s;es, the Countrey is daminified at the lea&s;t
60000 l. by the&s;e Undertakers.</P>
<P N="9">9 <HI>Quaere.</HI> Whether are the old Draynes or the new, mo&s;t u&s;e|full
for dreyning?</P>
<P><HI>An&s;w.</HI> The old Dreynes are as the naturall &s;inks, or ra|ther
Vent of the Body of the Fens; Suppo&s;e a mans fun|dament
were &s;topped, and that a hundred I&s;&s;ues were made
in the body, the whole ma&s;&s;e of blood would quickly be
corrupted, and the body would breake out in botches and
biles.</P>
<P>So &s;top the old Sewers, you will quickly perceive the
&s;ores or Quagmires will increa&s;e; and whereas there is
but one Acre now hurtfully &s;urrounded were the old
Draines duly &s;cowred, if they be &s;topped there will be
tenne.</P>
<P>This is proved by Ma&s;ter <HI>Thorpe</HI> Mathematician, and he
gives his rea&s;on, which is Mathematicall and nece&s;&s;ary.
Becau&s;e the old Dreynes have farre greater de&s;cents then
the new, &s;o that the old Dreynes were never without wa|ter
in &s;ummer, which now they want exceedingly, by rea|&s;on
of the&s;e Undertakers Dreynes; which was proved be|fore
Ma&s;ter <HI>Ellis,</HI> when he had the Chaire, by twenty
Witne&s;&s;es.</P>
<P><PB N="14" REF="9">
Likewi&s;e the new Dreynes, wanting that de&s;cent the
old had, the lea&s;t floods in Summer or Winter overflow
tho&s;e Lands &s;ooner and longer, which is the cau&s;e that
the&s;e Fennes are ten times more hurtfully &s;urrounded then
before. This is not my bare information, but Mathe|maticall,
or nece&s;&s;ary, and proved by many Witne&s;&s;es:
For I &s;ay what Ma&s;ter <HI>Walpoole</HI> hath alleadged is not Ma|thematicall
at all, but pragmaticall and fanta&s;ticall.</P>
<P>It is a &s;trange Chymaera and Phrenzie in the Underta|kers
to expect &s;atisfaction of the Parliament for the mo|ney
they have expended; It were ju&s;t the &s;ame, as though
the old Ship-money Judges &s;hould be preferred to be Jud|ges,
and that their Fines &s;hould be re&s;tored, and they re|warded
over and above, and the pre&s;ent Reverend Jud|ges
who have adhered to the Parliament &s;hould be di&s;pla|ced
and Fined.</P>
<Q><L>O Mon&s;trum horrendum in forme ingens.</L>
<L>Quodcunque o&s;tendas, mihi, &s;ie incredulus odi.</L></Q>
<P>We hope the Parliament will either Fine them, as they
did the Ship-money Judges, or the old Farmers of the
Cu&s;tom-hou&s;e; and that this Fine &s;hall be imployed by
Lawfull Commi&s;&s;ioners of Sewers, towards the doing of
the Work, or relieving the poor; or that we &s;hall be left
to the Common-Law, as the Parliament left Sir <HI>Robert
Barkham,</HI> Captain <HI>Hall,</HI> and Ma&s;ter <HI>Waldrum.</HI></P>
<P>If Sir <HI>William Killagrew</HI> finde him&s;elf agrieved, he may
then appeal to the Parliament.</P>
<P>The Rule in Divinity is, <Q>Deus non vult contradictoria, Sic
Parliamentum non vult contradictoria;</Q> In the fir&s;t Grand Re|mon&s;trance,
this individuall bu&s;ine&s;s is declared to be an
Inju&s;tice, Oppre&s;&s;ion, Violence, Project and Grievance,
and they particularize it, For this horrid Project furni|&s;hed
the Parliament with tho&s;e choice Materials, which
builded their Grand Remon&s;trance.</P>
<P>The&s;e are their expre&s;s words:</P>
<P><PB N="15" REF="9">
Large Quantities of Commons and &s;everalls have been taken
away by the colour of the Statute of Improvement, that is, by
fal&s;ifying and adulterating it, which is meant by the 43. of <HI>Eliz.</HI>
and by abu&s;e of the Commi&s;&s;ion of Sewers (which di&s;&s;olves
that excellent Law of the 23. of <HI>H.</HI> the 8. without their con|&s;ent,
and again&s;t it) which is the de&s;truction of the Great Char|ter,
Petition of Right, the Act for aboli&s;hing the Star-Cham|ber,
and all the fundamentall Laws of the Land.</P>
<P>And again&s;t twenty of the Parliaments Declarations,
which are in Print to the view of all the world; yet the
Undertakers are &s;o impudent that they are confident to
pa&s;s a Law, and to in&s;lave us, who have conquered them;
but we &s;o Confide in our Tru&s;tees, that we know it is im|po&s;sible,
being contrary to the principles of a Repub|lique,
who acknowledge the Supream Power re&s;ides in the
People, and the Supream Authority is derived from them,
and the Soul and heart of the Common-wealth is <HI>Liberty</HI>
and <HI>Property.</HI></P>
<P>The&s;e Undertakers were formidable Mon&s;ters to the
Countrey, and had they continued a little longer, pro|bably
they would not only have torn in pieces, but de|voured
and &s;wallowed up the whole Nation; For they
were Legi&s;lators out of Parliament, and Anti-Legi&s;lators,
Parliamentarians, and Anti-Parliamentarians, Bribers,
Judges, Juries and Parties. They were Legi&s;lators, for
they have made &s;everall Laws, and they bribed the King
with 3000. Acres to purcha&s;e his Royall A&s;&s;ent, though I
believe they might have had it for nothing. This was the
Root of all our Mi&s;eries; For could the Parliament by
their humble Petitions have obtained the Kings Royall
A&s;&s;ent, as the&s;e Courtiers could do with ea&s;e by their im|portunity,
opportunity and flattery, this War had pro|bably
been prevented: Certainly the Undertakers were
the onely Impeders and partition walls betwixt King and
People; and they had clo&s;ed and been reconciled, had it
not been for &s;uch Impo&s;ters as they, who cared not for
God, King, nor Countrey, but &s;ought them&s;elves and pre|ferred
<PB N="16" REF="10">
their owne gaine before the Publique.</P>
<P>That Prince is unhappy that prefers Per&s;ons or Indivi|duals,
before the Repre&s;entative of &s;o numerous a Peo|ple
and great Nation. They were Anti-Legi&s;lators, for
all their Laws were point blank again&s;t the great Char|ter,
Petition of Right, and all the Fundamentall Laws
of the Land; they were Parliamentarians to call a Par|liament,
to &s;ell Ship-money for twelve Sub&s;idies, and to
rai&s;e money to make Wars again&s;t the Scots, who wre&s;t|led
for their Liberties, and were not &s;uch tame &s;laves, as
they expected: When the Parliament would give no Sub|&s;idies
to in&s;lave them&s;elves, then the Courtiers di&s;&s;olved
that Parliament. That the Undertakers were Bribers is up|on
Record, and likewi&s;e that they were Judges, Juries,
and Parties: Sir <HI>Edward Cook</HI> was wont to &s;ay, that it
never failed, that tho&s;e which brake Parliaments were al|wayes
broken by them; yet the&s;e Undertakers hope to be
repayred for their project, which was onely to keep off
Parliaments; And this one Project (had it &s;ucceeded)
would have commanded all the Land in <HI>England</HI> to have
been at the Kings di&s;po&s;ing; Then all had been their own;
for the King was little the better by &s;uch Projects, the
Courtiers gained all.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="10">
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
