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A88998 The picklock of the old Fenne project: or, Heads of Sir John Maynard his severall speeches, taken in short-hand, at the committee for Lincolneshire Fens, in the exchequer chamber. Consisting of matter of fact. Matter of law. Presidents quæres and answers. Maynard, John, Sir, 1602-1690. 1650 (1650) Wing M1457; Thomason E594_4; ESTC R206914 10,306 19

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while will they be like the Dog in the Manger neither do their selves good nor suffer others to help them Ans. The Country are and have been ever willing but they have been obstructed these sixty yeares by powerfull Courtiers as Lord Keepers Attorneys-Generall and the dissolution 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 6 Quaere But had not the Earle of Lindsey the Major part of the Lords Owners and Commoners consents his Lordship had a Petition signed with many hands Answ. Ten for one of the Lords Owners and Commoners are against the Earls undertaking Those hands for the Earle were procured by two Alehouse-keepers and most of them were Cottagers no Lords and but very few Owners and Commoners 7 Quaere Would it not be a brave improvement to have Rape and Cole-seed Hemp Flax and likewise Corne Answ. They calculate and reckon without their Host that the Customes will amount to 10000 l. 1 s. 8 d. ob per annum This is Ala Mountebanco or Sharlaton like Our Fens as they are produce great store of Wooll and Lambe and large fat Mutton besides infinite quantities of Butter and Cheese and do breed great store of Cattell and are stockt with Horses Mares and Colts and we send fat Beefe to the Markets which affords Hides and Tallow and for Corne the Fodder we mow off the Fens in summer feeds our Cattell in the winter By which meanes wee gather such quantities of Dung that it inriches our upland and Corne-ground which are contiguous halfe in halfe Besides our Fennes relieves our neighbours the Uplanders in a dry summer and many adjacent Counties So thousands of Cattell besides our owne are preserved which otherwise would perish So take away a third of our Fens you extinguish our Rents in our Commoning Houses and our Pastures and Corne-ground proportionably besides thousands of Cottagers which have no right of commoning must go a begging which the Owners connive at because they cannot prevent it being so numerous So that Rape Cole-seed and Hemp is a Dutch Commodity and but trash and trumpery and pils Land in respect of the afore recited Commodities which are the Oare of the Common-wealth 8 Quaere Is it not pitty when Sir William Killagrew having done so much good by his drayning and hath spent 30000 l. but that the Countrey should re-imburse his moneys there is all the conscience and reason in the world for this Answ. First it hath been proved he hath done a great deale more hurt then good by his new Dreyners and when the Countrey shall make use of the Undertakers Dreynes we will give satisfaction for them but they are uselesse nay pernicious and broken Cisternes to the Commoners in Summer both by dreyning our dry grounds so we are constreyned to buy water and to drive our Cattell very far in Summer to water them whereas our old Dreynes have ever furnished us with water enough Then on the other extreame their new Works have so hurtfully surrounded us that our Upland and Corne-grounds have been spoyled by them this is fully proved by many uninteressed Witnesses the Countrey is daminified at the least 60000 l. by these Undertakers 9 Quaere Whether are the old Draynes or the new most usefull for dreyning Answ. The old Dreynes are as the naturall sinks or rather Vent of the Body of the Fens Suppose a mans fundament were stopped and that a hundred Issues were made in the body the whole masse of blood would quickly be corrupted and the body would breake out in botches and biles So stop the old Sewers you will quickly perceive the sores or Quagmires will increase and whereas there is but one Acre now hurtfully surrounded were the old Draines duly scowred if they be stopped there will be tenne This is proved by Master Thorpe Mathematician and he gives his reason which is Mathematicall and necessary Because the old Dreynes have farre greater descents then the new so that the old Dreynes were never without water in summer which now they want exceedingly by reason of these Undertakers Dreynes which was proved before Master Ellis when he had the Chaire by twenty Witnesses Likewise the new Dreynes wanting that descent the old had the least floods in Summer or Winter overflow those Lands sooner and longer which is the cause that these Fennes are ten times more hurtfully surrounded then before This is not my bare information but Mathematicall or necessary and proved by many Witnesses For I say what Master Walpoole hath alleadged is not Mathematicall at all but pragmaticall and fantasticall It is a strange Chymaera and Phrenzie in the Undertakers to expect satisfaction of the Parliament for the money they have expended It were just the same as though the old Ship-money Judges should be preferred to be Judges and that their Fines should be restored and they rewarded over and above and the present Reverend Judges who have adhered to the Parliament should be displaced and Fined O Monstrum horrendum in forme ingens Quodcunque ostendas mihi sie incredulus odi We hope the Parliament will either Fine them as they did the Ship-money Judges or the old Farmers of the Custom-house and that this Fine shall be imployed by Lawfull Commissioners of Sewers towards the doing of the Work or relieving the poor or that we shall be left to the Common-Law as the Parliament left Sir Robert Barkham Captain Hall and Master Waldrum If Sir William Killagrew finde himself agrieved he may then appeal to the Parliament The Rule in Divinity is Deus non vult contradictoria Sic Parliamentum non vult contradictoria In the first Grand Remonstrance this individuall business is declared to be an Injustice Oppression Violence Project and Grievance and they particularize it For this horrid Project furnished the Parliament with those choice Materials which builded their Grand Remonstrance These are their express words Large Quantities of Commons and severalls have been taken away by the colour of the Statute of Improvement that is by falsifying and adulterating it which is meant by the 43. of Eliz. and by abuse of the Commission of Sewers which dissolves that excellent Law of the 23. of H. the 8. without their consent and against it which is the destruction of the Great Charter Petition of Right the Act for abolishing the Star-Chamber and all the fundamentall Laws of the Land And against twenty of the Parliaments Declarations which are in Print to the view of all the world yet the Undertakers are so impudent that they are confident to pass a Law and to inslave us who have conquered them but we so Confide in our Trustees that we know it is impossible being contrary to the principles of a Republique who acknowledge the Supream Power resides in the People and the Supream Authority is derived from them and the Soul and heart of the Common-wealth is Liberty and Property These Undertakers were formidable Monsters to the Countrey and had they continued a little longer probably they would not only have torn in pieces but devoured and swallowed up the whole Nation For they were Legislators out of Parliament and Anti-Legislators Parliamentarians and Anti-Parliamentarians Bribers Judges Juries and Parties They were Legislators for they have made severall Laws and they bribed the King with 3000. Acres to purchase his Royall Assent though I believe they might have had it for nothing This was the Root of all our Miseries For could the Parliament by their humble Petitions have obtained the Kings Royall Assent as these Courtiers could do with ease by their importunity opportunity and flattery this War had probably been prevented Certainly the Undertakers were the onely Impeders and partition walls betwixt King and People and they had closed and been reconciled had it not been for such Imposters as they who cared not for God King nor Countrey but sought themselves and preferred their owne gaine before the Publique That Prince is unhappy that prefers Persons or Individuals before the Representative of so numerous a People and great Nation They were Anti-Legislators for all their Laws were point blank against the great Charter Petition of Right and all the Fundamentall Laws of the Land they were Parliamentarians to call a Parliament to sell Ship-money for twelve Subsidies and to raise money to make Wars against the Scots who wrestled for their Liberties and were not such tame slaves as they expected When the Parliament would give no Subsidies to inslave themselves then the Courtiers dissolved that Parliament That the Undertakers were Bribers is upon Record and likewise that they were Judges Juries and Parties Sir Edward Cook was wont to say that it never failed that those which brake Parliaments were alwayes broken by them yet these Undertakers hope to be repayred for their project which was onely to keep off Parliaments And this one Project had it succeeded would have commanded all the Land in England to have been at the Kings disposing Then all had been their own for the King was little the better by such Projects the Courtiers gained all FINIS