







 
   
     
       
         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.
      
       
         This text is an enriched version of the TCP digital transcription A88998 of text R206914 in the  English Short Title Catalog (Thomason E594_4). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A88998
         Wing M1457
         Thomason E594_4
         ESTC R206914
         99866004
         99866004
         118263
         
           
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         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A88998)
         Transcribed from: (Early English Books Online ; image set 118263)
         Images scanned from microfilm: (Thomason Tracts ; 91:E594[4])
      
       
         
           
             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.
          
           [2], 16, [2] p.
           
             Printed by J.B.,
             London :
             1650.
          
           
             The words "maater of fact .. answers" are bracketed together on the title page.
             The final leaf is blank.
             Annotation on Thomason copy: "Feb 22 1649".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Reclamation of land -- Law and legislation -- England.
           Drainage -- England -- History -- Sources.
           Fens, The (England)
        
      
    
       A88998  R206914  (Thomason E594_4).  civilwar no The picklock of the old Fenne project: or, Heads of Sir John Maynard his severall speeches,:  taken in short-hand, at the committee for Linc Maynard, John, Sir 1650    5928 5 0 0 0 0 0 8 B  The  rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
        2007-04 TCP
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        2007-06 Angela Berkley
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        2008-02 pfs
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           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
            
             
               Quaeres
               and
               Answers
               .
            
          
        
         
           
             LONDON
             ,
          
           Printed
           by
           
             J.
             B.
          
           1650.
           
        
      
    
     
       
       
       
         
           The
           Picklock
           of
           the
           Old-Fenne-Project
           .
        
         
           
             Mr.
             Goodwin
             ,
          
        
         
           I
           Shall
           observe
           this
           Method
           in
           answering
           the
           Councell
           on
           the
           other
           side
           :
        
         
           First
           ,
           I
           shall
           speake
           to
           the
           matter
           of
           Fact
           .
           Secondly
           ,
           to
           the
           matter
           of
           Law
           .
           And
           thirdly
           ,
           I
           shall
           cite
           some
           Presidents
           in
           the
           point
           .
        
         
           
             Sir
             
               William
               Killagrew
            
             hath
             mis-stated
             the
             matter
             of
             Fact
             in
             his
             Printed
             Case
             ,
             for
             therein
             he
             alleadges
             that
             the
             Commissioners
             first
             invited
             the
             King
             to
             recommend
             to
             them
             an
             Undertaker
             ;
             whereas
             it
             appears
             otherwise
             in
             the
             Kings
             Letters
             ,
             and
             in
             three
             of
             his
             Letters
             the
             King
             varies
             .
             The
             Undertakers
             ,
             which
             no
             question
             was
             by
             Sir
             
               Robert
               Killagrew
               ,
            
             Sir
             
               William
               Killagrew
               ,
            
             and
             Master
             
               Robert
               Longs
            
             procurement
             .
             The
             Kings
             first
             Letter
             is
             most
             observable
             ,
             therein
             are
             couched
             all
             the
             fallacies
             of
             the
             Undertakers
             ,
             and
             the
             foundation
             of
             the
             project
             :
             They
             informed
             and
             perswaded
             the
             King
             ,
             that
             he
             might
             appoint
             and
             command
             a
             Tax
             to
             be
             laid
             of
             a
             Marke
             the
             Acre
             ,
             without
             any
             respect
             to
             the
             interest
             of
             particular
             persons
             ,
             or
             consult
             the
             owners
             :
             And
             further
             ,
             That
             the
             Tax
             should
             be
             made
             by
             the
             Commissioners
             on
             you
             ,
             without
             Verdict
             ;
             and
             that
             their
             judgement
             must
             be
             the
             rule
             of
             proceedings
             in
             this
             case
             ,
             and
             not
             the
             consent
             of
             the
             Owners
             ,
             whose
             aversenesse
             must
             not
             prejudice
             the
             Publique
             good
             .
             In
             the
             Kings
             second
             Letter
             ,
             the
             Earl
             of
             
               Lindsey
               ,
            
             Sir
             
               Rob.
               Killagrew
               ,
            
             
             Sir
             
               William
               Killagrew
               ,
            
             are
             recommended
             by
             way
             of
             
               Mandamus
            
             to
             be
             Undertakers
             ,
             
               As
               we
               expect
               ,
               and
               we
               do
               command
               all
               manner
               of
               persons
               to
               forbeare
               to
               make
               any
               particular
               bargains
               or
               works
               ,
               &c.
               
            
          
           
             In
             the
             third
             Letter
             it
             is
             still
             by
             way
             of
             
               Mandamus
               ,
               We
               have
               made
               choice
               of
               him
            
             (
             meaning
             the
             Earle
             of
             
               Lindsey
               )
               to
               be
               the
               Vndertaker
               .
            
             And
             in
             the
             Kings
             last
             Letter
             ,
             the
             King
             offers
             to
             give
             his
             Royall
             Assent
             .
             The
             Commissioners
             began
             legally
             ,
             for
             they
             impannel'd
             a
             Jury
             of
             the
             Neighbourhood
             ,
             of
             twenty
             five
             ,
             who
             found
             that
             the
             Levell
             was
             not
             hurtfully
             surrounded
             .
             When
             Mr.
             
               Robert
               Long
            
             saw
             how
             the
             Countrey
             was
             bent
             ,
             he
             wisely
             sold
             his
             share
             for
             
               1500l
               .
            
             to
             Mr.
             
               Herne
               ,
            
             Mr.
             
               Nicholas
               Love
               ,
            
             and
             one
             Mr.
             
               Hoyden
               ,
            
             and
             they
             were
             to
             be
             at
             the
             charge
             of
             draining
             .
             Likewise
             Mr.
             
               Long
            
             perswaded
             Mr.
             
               Thomas
               Killagrew
               ,
            
             and
             Mr.
             
               Henry
               ,
            
             to
             sell
             their
             shares
             ,
             but
             Sir
             
               William
               Killagrew
            
             would
             not
             be
             advised
             ,
             but
             built
             a
             faire
             House
             on
             another
             folks
             Lands
             ,
             and
             fortified
             it
             ,
             and
             furnished
             it
             with
             men
             ,
             Ammunition
             ,
             and
             Artillery
             .
          
           
             Muskets
             ,
             Horsemen
             ,
             and
             Pistols
             ,
             in
             a
             Warlike
             manner
             ,
             and
             entertained
             French
             and
             Dutch
             .
          
           
             Yet
             the
             Countrey
             would
             never
             yeeld
             possession
             ,
             but
             alwaies
             opposed
             Sir
             
               William
               ,
            
             and
             the
             rest
             of
             the
             Undertakers
             ,
             the
             Countrymen
             were
             Pursuivanted
             ,
             imprisoned
             by
             Councell-Table-Warrants
             ;
             some
             we
             heare
             were
             wounded
             and
             affrighted
             with
             Mastiffe-Dogs
             .
          
           
             Many
             men
             were
             utterly
             undone
             and
             wearied
             out
             ,
             and
             forced
             to
             subscribe
             and
             enter
             into
             Bonds
             .
          
           
             Assoone
             as
             the
             Courtiers
             saw
             the
             Commissioners
             joyned
             with
             the
             Countrey
             ,
             they
             procured
             worthy
             Patriots
             to
             be
             put
             out
             of
             Commission
             ,
             and
             Courtiers
             ,
             Servants
             to
             the
             Undertakers
             ,
             and
             many
             of
             themselves
             were
             Jndges
             and
             Parties
             ;
             After
             the
             Jury
             found
             the
             Levell
             not
             hurtfully
             surrounded
             ,
             they
             were
             laid
             aside
             .
          
           
             And
             the
             Commissioners
             ,
             many
             being
             Undertakers
             (
             and
             consequently
             Judges
             and
             Parties
             )
             got
             upon
             
               Boston
            
             Steeple
             ,
             and
             adjudged
             all
             they
             saw
             was
             hurtfully
             surrounded
             .
             They
             might
             ,
             as
             well
             have
             got
             upon
             
               Pauls
            
             Steeple
             ,
             and
             adjudged
             
             all
             the
             rich
             Meadows
             and
             Marshes
             on
             both
             sides
             the
             
               Thames
            
             to
             be
             hurtfully
             surrounded
             ,
             when
             they
             are
             overflowne
             by
             Land-floods
             .
          
           
             If
             you
             will
             see
             to
             the
             end
             ,
             you
             must
             observe
             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
             .
          
           
             Likewise
             the
             Undertakers
             gave
             some
             thousands
             of
             Acres
             to
             divers
             Lords
             of
             the
             Councell
             ,
             and
             both
             the
             Secretaries
             .
          
           
             I
             pray
             Observe
             some
             materiall
             circumstances
             :
             First
             the
             time
             when
             this
             project
             was
             set
             on
             foot
             .
          
           
             It
             was
             in
             the
             Intervals
             of
             Parliaments
             ,
             the
             onely
             harvest
             for
             Projectors
             ,
             then
             Parliaments
             were
             damn'd
             at
             Court
             .
             And
             observe
             the
             persons
             that
             were
             the
             Patrons
             of
             those
             Projectors
             ;
             they
             were
             inveterate
             enemies
             to
             Parliaments
             .
             The
             Lord
             Treasurer
             
               Weston
               ,
            
             who
             was
             accused
             by
             Sir
             
               John
               Elliot
            
             in
             3
             
               Car.
            
             and
             most
             instrumentall
             to
             imprison
             those
             worthy
             Members
             ,
             and
             Sir
             
               John
               Elliot
            
             died
             a
             Martyr
             for
             the
             Parliament
             in
             the
             Tower
             :
             The
             Earle
             of
             
               Lindsey
               ,
            
             father
             and
             son
             ,
             and
             all
             the
             Undertakers
             ,
             have
             been
             against
             the
             Parliament
             .
             Alas
             there
             is
             a
             bed-roule
             of
             other
             grievances
             ,
             and
             200.
             witnesses
             were
             examined
             when
             Mr.
             
               Ellis
            
             had
             the
             chaire
             .
             So
             much
             in
             brief
             to
             the
             matter
             of
             Fact
             .
          
        
         
           
             For
             the
             Matter
             of
             Law
             ,
             we
             conceive
             these
             Undertakers
             are
             higher
             offenders
             then
             the
             Earle
             of
             
               Strafford
               ,
            
             for
             they
             have
             not
             onely
             indeavoured
             ,
             but
             traiterously
             ,
             maliciously
             ,
             and
             premeditately
             ,
             against
             the
             light
             of
             their
             own
             consciences
             and
             knowledges
             ,
             have
             actually
             subverted
             the
             fundamentall
             Lawes
             of
             the
             Land
             ,
             and
             introduced
             an
             Arbitrary
             and
             Tirannicall
             Government
             :
             For
             contrary
             to
             the
             29.
             
               Chap.
            
             of
             
               Magna
               Charta
            
             (
             which
             is
             confirmed
             by
             thirty
             two
             Sessions
             of
             Parliament
             ,
             whereof
             the
             Petition
             of
             Right
             ,
             and
             the
             Act
             for
             the
             abolishing
             the
             Star-chamber
             are
             two
             ;
             they
             have
             imprisoned
             our
             persons
             ,
             and
             destroyed
             Juries
             ,
             and
             put
             out
             the
             two
             eyes
             of
             the
             Law
             ,
             Liberty
             ,
             and
             Property
             .
             Likewise
             contrary
             to
             the
             15
             and
             16
             
               chap.
            
             of
             the
             great
             
               Charter
               ,
            
             wherein
             it
             is
             expressed
             ,
             That
             no
             man
             shall
             be
             compelled
             and
             distrained
             to
             make
             new
             ban●●
             or
             bridges
             ,
             but
             as
             
             formerly
             ;
             the
             same
             is
             confirmed
             in
             the
             25.
             
               Ed.
            
             the
             3.
             ch.
             2.
             the
             1.
             of
             
               H.
            
             4.
             chap.
             12.
             the
             6.
             of
             
               H.
            
             6.
             chap.
             5.
             the
             8.
             of
             
               H.
            
             6.
             chap.
             2.
             the
             12.
             
               Ed.
            
             4.
             ch.
             7.
             the
             6.
             of
             
               H.
            
             8.
             chap.
             10.
             
             All
             which
             are
             knit
             up
             in
             the
             23.
             of
             
               H.
            
             8.
             chap.
             the
             5.
             yet
             the
             Undertakers
             ,
             many
             being
             Commissioners
             ,
             have
             acted
             point
             blank
             against
             these
             known
             Laws
             .
          
           
             For
             the
             Commissioners
             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
             
               Edw.
            
             4.
             and
             the
             23.
             of
             
               H.
            
             8.
             and
             to
             amerce
             individuals
             ,
             and
             not
             a
             generall
             levell
             ;
             and
             the
             Commissioners
             are
             to
             approve
             of
             such
             Amerciaments
             .
          
           
             
               Object
               .
            
             But
             say
             they
             the
             undertakers
             ,
             by
             the
             23.
             of
             
               Hen.
            
             8.
             the
             Commissioners
             may
             proceed
             without
             Juries
             by
             view
             ,
             according
             to
             their
             discretion
             .
          
           
             
               Answ.
            
             Sir
             
               Edward
               Cook
            
             explains
             discretion
             ,
             which
             is
             
               Secundum
               consuetudines
               &
               leges
               Angliae
               ,
            
             otherwise
             their
             proceedings
             are
             irrationall
             and
             illegall
             ;
             Besides
             the
             Commissioners
             could
             not
             lay
             a
             Tax
             ,
             because
             they
             were
             new
             moulded
             of
             Courtiers
             which
             were
             Judges
             and
             Parties
             ,
             and
             the
             Countrey
             Gentlemen
             contrary
             to
             Usance
             ,
             Custom
             ,
             and
             Law
             ,
             were
             put
             out
             and
             Strangers
             put
             in
             ,
             some
             not
             worth
             fourty
             Marks
             
               per
               Annum
               ,
            
             which
             by
             the
             Law
             they
             ought
             to
             have
             been
             ;
             so
             they
             were
             not
             legall
             Commissioners
             ,
             because
             they
             were
             Undertakers
             ,
             and
             consequently
             Judges
             and
             Parties
             ,
             and
             could
             not
             contract
             with
             themselves
             :
             Had
             they
             been
             legall
             Commissioners
             they
             could
             not
             do
             it
             without
             Juries
             ,
             and
             they
             laid
             it
             likewise
             upon
             no body
             ,
             for
             generals
             signifies
             nothing
             ,
             but
             as
             I
             said
             formerly
             ,
             it
             must
             be
             done
             by
             the
             Jury
             upon
             individuals
             .
             All
             the
             Kings
             Letters
             ,
             which
             are
             supposed
             to
             be
             indited
             by
             Master
             
               Role
               ●
               Long
               ,
            
             were
             diametrially
             contrary
             to
             Law
             ;
             The
             King
             could
             lay
             no
             Tax
             ,
             nor
             give
             the
             Commissioners
             leave
             to
             proceed
             without
             Juries
             ,
             nor
             to
             appoint
             Undertakers
             ,
             which
             is
             contrary
             to
             the
             43.
             of
             
               Eliz
            
             and
             the
             4.
             and
             7.
             of
             King
             
               Iames
               :
            
             In
             the
             43.
             of
             
               Elizabeth
            
             there
             is
             the
             first
             mention
             of
             an
             Undertaker
             ,
             and
             therein
             he
             is
             limited
             and
             directed
             ,
             what
             ,
             how
             ,
             ●●d
             with
             whom
             he
             must
             contract
             :
             A
             
             Commissioner
             likewise
             hath
             no
             authority
             to
             contract
             ,
             but
             the
             Contract
             must
             be
             by
             the
             direction
             and
             approbation
             of
             the
             Lords
             ,
             Owners
             ,
             and
             Commoners
             ,
             under
             their
             hands
             and
             seals
             in
             writing
             indented
             :
             Here
             was
             no
             such
             matter
             ,
             they
             followed
             their
             own
             lights
             ,
             which
             were
             
               Ignes
               fatui
               ,
            
             and
             so
             fell
             into
             those
             pits
             they
             digged
             for
             others
             .
          
           
             They
             made
             a
             Contract
             with
             the
             King
             ,
             which
             was
             an
             evil
             bargain
             ,
             and
             they
             had
             the
             Kings
             Royall
             Assent
             ,
             which
             signifies
             nothing
             out
             of
             Parliament
             ,
             who
             ought
             by
             Law
             to
             speak
             onely
             by
             his
             Writs
             ;
             For
             
               Det
               Lex
               Regi
               quod
               Rex
               Legi
               ,
               quae
               Rex
               jure
               potest
               ,
               Rex
               ea
               sola
               potest
               ;
            
             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
             last
             .
          
           
             The
             Judges
             for
             Ship
             money
             were
             accused
             for
             Treason
             ,
             by
             reason
             it
             was
             destructive
             to
             Propriety
             ,
             yet
             that
             was
             not
             three
             in
             the
             pound
             ;
             but
             the
             Fenne-Project
             cuts
             our
             estates
             asunder
             at
             a
             blow
             .
          
           
             In
             Ship-Money
             the
             King
             had
             a
             Judgement
             by
             the
             sworn
             ,
             or
             rather
             forsworn
             Judges
             ,
             but
             the
             Undertakers
             were
             the
             old
             Levelling
             Courtiers
             ,
             destroyers
             of
             Propriety
             ,
             and
             got
             the
             Kings
             hand
             to
             Letters
             of
             their
             own
             inditing
             ;
             and
             just
             as
             the
             Earl
             of
             
               Strafford
            
             produced
             blanks
             for
             all
             his
             horrid
             illegall
             Acts
             ,
             as
             disarming
             the
             Protestants
             and
             arming
             the
             Papists
             ,
             so
             did
             the
             Undertakers
             produce
             the
             Kings
             Letters
             upon
             all
             occasions
             ,
             especially
             to
             destroy
             Jucies
             ,
             and
             to
             take
             away
             our
             reall
             estates
             ,
             without
             consulting
             the
             Owners
             .
          
           
             It
             is
             the
             same
             with
             the
             Forrest
             business
             ,
             for
             the
             Judges
             some
             of
             them
             would
             have
             made
             all
             
               England
            
             a
             Forrest
             ;
             So
             this
             generation
             of
             Undertakers
             would
             have
             incorporated
             ,
             and
             got
             a
             standing
             Commission
             in
             all
             Counties
             ,
             and
             so
             made
             
               England
            
             the
             Levell
             ,
             and
             
               England
            
             to
             be
             surrounded
             ,
             and
             in
             short
             time
             would
             have
             taken
             all
             we
             had
             ;
             This
             was
             as
             bad
             as
             their
             Levying
             War
             against
             the
             Parliament
             :
             And
             we
             conceive
             Sir
             
               William
               Killagrew
            
             did
             actually
             Levy
             War
             against
             the
             Nation
             ,
             and
             had
             his
             project
             succeeded
             we
             had
             been
             no
             more
             a
             People
             :
             Alas
             the
             Law
             of
             the
             Land
             was
             
             used
             by
             the
             Undertakers
             as
             a
             Murderer
             in
             
               Frame
               ,
            
             whose
             joynts
             are
             broken
             on
             the
             Wheel
             ,
             whilest
             he
             is
             yet
             alive
             ,
             and
             in
             good
             health
             .
             I
             should
             Answer
             the
             Counsellors
             prolix
             Argument
             ,
             but
             I
             know
             not
             how
             to
             finde
             the
             beginning
             ,
             nor
             end
             of
             his
             ravelled
             discourse
             ;
             He
             hath
             played
             the
             part
             of
             a
             flourishing
             Writer
             ,
             who
             usually
             buries
             the
             Capitall
             Letter
             in
             a
             curious
             knot
             ,
             and
             instead
             of
             enucleating
             the
             business
             ,
             I
             can
             see
             no
             kernell
             but
             husks
             and
             shels
             .
          
           
             In
             my
             apprehension
             the
             Gentleman
             that
             spake
             last
             hath
             gleaned
             his
             Argument
             from
             my
             Lord
             
               Finch
               ,
            
             and
             some
             of
             the
             Ship-Money
             Judges
             ;
             All
             he
             hath
             spoken
             ,
             is
             for
             the
             Kings
             Prerogative
             against
             the
             Law
             ,
             that
             is
             not
             now
             
               Ala
               mode
               .
            
             But
             Master
             
               Goodwin
               ,
            
             I
             beseech
             you
             observe
             ,
             this
             Honourable
             Committee
             hath
             spent
             one
             quarter
             of
             a
             year
             on
             the
             point
             of
             possession
             ,
             and
             I
             hope
             we
             have
             beaten
             the
             Undertakers
             from
             that
             Post
             .
          
           
             Then
             they
             pressed
             to
             state
             their
             case
             in
             Law
             ,
             and
             shew
             their
             title
             ,
             so
             that
             we
             hope
             now
             we
             have
             gained
             that
             Post
             likewise
             ,
             and
             not
             only
             got
             possession
             ,
             which
             is
             eleven
             points
             in
             Law
             ,
             but
             the
             twelfth
             likewise
             .
          
           
             Now
             the
             Undertakers
             are
             building
             Castles
             in
             the
             Ayre
             ,
             or
             rather
             upon
             a
             Quicksandy
             foundation
             of
             the
             old
             Arbitrary
             Government
             of
             conveniency
             and
             inconveniency
             ,
             if
             that
             poynt
             crack
             ,
             then
             they
             will
             flie
             to
             necessity
             ,
             the
             old
             Court
             Retreat
             :
             Let
             ,
             them
             traverse
             their
             ground
             and
             sence
             as
             well
             as
             they
             can
             ,
             we
             shall
             hit
             them
             still
             ,
             and
             beat
             them
             at
             their
             own
             weapon
             .
          
        
         
           
             The
             Presidents
             .
          
           
             IN
             Queen
             
               Elizabeths
            
             days
             this
             project
             was
             set
             on
             foot
             by
             the
             then
             Earl
             of
             
               Lincoln
               ,
            
             who
             procured
             a
             Patent
             from
             the
             Queen
             to
             drain
             some
             of
             these
             Fens
             :
             when
             he
             was
             making
             his
             Works
             and
             new
             Drains
             ,
             contrary
             to
             Law
             ,
             the
             Country
             rose
             ,
             and
             the
             Lord
             
               Willoughby
            
             of
             
               Erby
               ,
            
             then
             Governour
             of
             
               Berwick
               ,
            
             raised
             the
             Trained
             Bands
             and
             assisted
             the
             Countrey
             in
             beating
             the
             workmen
             off
             :
             the
             Earl
             of
             
               Lincoln
               ,
            
             complained
             to
             the
             Queen
             of
             the
             Riot
             committed
             by
             the
             Lord
             
               Willoughby
               ,
            
             who
             was
             sent
             for
             to
             the
             Councell
             Table
             :
             The
             Lord
             
               Willoughby
            
             proved
             the
             Earl
             of
             
               Lincoln
            
             
             had
             not
             the
             Countreys
             consent
             ,
             but
             some
             few
             Tenants
             and
             others
             of
             his
             own
             faction
             ,
             that
             it
             was
             for
             private
             ends
             and
             lucre
             ,
             not
             onely
             to
             drayne
             himself
             and
             drown
             his
             Neighbours
             ,
             but
             to
             take
             great
             propoitions
             of
             Land
             ,
             which
             were
             never
             drowned
             for
             melioration
             ;
             and
             the
             means
             my
             Lord
             of
             
               Lincoln
            
             used
             was
             bribes
             to
             Courtiers
             to
             procure
             such
             an
             illegall
             Commission
             that
             himself
             and
             his
             friends
             might
             be
             Judges
             and
             Parties
             ;
             and
             that
             it
             was
             against
             the
             23.
             of
             
               H.
            
             8.
             
             The
             Queen
             upon
             full
             hearing
             of
             the
             business
             in
             great
             passion
             resumed
             her
             Commission
             ,
             and
             was
             wroth
             with
             the
             Earl
             of
             
               Lincoln
               ,
            
             who
             had
             been
             committed
             to
             prison
             ,
             but
             that
             his
             Lordship
             made
             great
             friends
             at
             Court
             ,
             and
             the
             Queen
             thanked
             the
             Lord
             
               Willoughby
            
             of
             
               Erby
            
             for
             assisting
             her
             good
             people
             in
             so
             honest
             and
             just
             a
             cause
             .
          
           
             In
             the
             first
             of
             King
             
               James
            
             the
             same
             project
             was
             set
             on
             foot
             and
             a
             Petition
             was
             delivered
             unto
             his
             Majestie
             as
             though
             it
             had
             proceeded
             from
             the
             Country
             ,
             just
             such
             a
             Petition
             as
             Sir
             
               William
               Killagrew
            
             procured
             by
             two
             Ale-house
             keepers
             :
             For
             it
             was
             onely
             a
             few
             of
             the
             Undertakers
             faction
             ,
             like
             to
             the
             Agreement
             of
             the
             People
             :
             Sir
             ,
             
               Miles
               Sandes
            
             had
             made
             many
             friends
             at
             Court
             ,
             and
             the
             King
             was
             prepossessed
             it
             was
             a
             glorious
             work
             ,
             and
             for
             the
             Publique
             good
             ,
             and
             the
             King
             was
             made
             believe
             the
             Isle
             of
             
               Ely
               ,
            
             and
             the
             Southside
             the
             River
             
               Grant
            
             was
             hurtfully
             surrounded
             ;
             but
             when
             the
             King
             was
             hunting
             ,
             the
             Lord
             
               Garret
            
             of
             
               Chippenbam
               ,
            
             Sir
             
               John
               Cotton
            
             of
             
               Chenely
               ,
            
             Sir
             
               John
               Paytan
            
             of
             
               Iselham
               ,
            
             and
             Sir
             
               Thomas
               Gee
            
             acquainted
             the
             King
             with
             all
             the
             cheats
             of
             the
             Undertakers
             ,
             that
             they
             being
             Judges
             and
             Parties
             had
             made
             many
             thousand
             Acres
             ,
             that
             were
             never
             drowned
             ,
             and
             the
             most
             part
             of
             the
             Land
             which
             was
             the
             better
             by
             overflowing
             in
             the
             nature
             of
             River
             Meadows
             ,
             to
             be
             Land
             hurtfully
             surrounded
             .
          
           
             That
             they
             dreyned
             and
             meliorated
             a
             little
             hurtfully
             surrounded
             Lands
             of
             their
             own
             ,
             and
             pejorated
             ten
             times
             as
             much
             Lands
             ;
             which
             were
             never
             hurtfully
             drowned
             before
             ,
             and
             that
             which
             was
             most
             gross
             and
             palpable
             ,
             they
             must
             not
             onely
             have
             a
             third
             part
             of
             that
             Land
             so
             pejorated
             ,
             
             but
             a
             third
             of
             such
             Lands
             as
             were
             never
             drowned
             ,
             for
             melioration
             :
             When
             the
             King
             was
             fully
             instructed
             ,
             he
             injoyned
             secrecy
             ,
             and
             went
             up
             to
             the
             Parliament
             and
             discovered
             all
             the
             Undertakers
             fallacies
             ,
             and
             concluded
             wittily
             .
          
           
             
               It
               is
               just
               the
               same
               case
               ,
               my
               Lords
               ,
               at
               though
               a
               pack
               of
               thieves
               should
               give
               me
            
             20000
             l
             
               to
               give
               them
               a
               Pat●●
               under
               my
               Broad
               Seal
               to
               rob
               my
               Loyall
               Subjects
               of
            
             200000
             l.
             
               by
               the
               which
               I
               should
               perjure
               my self
               ,
               and
               become
               a
               Theif
               and
               Tyrant
               :
            
             Thereupon
             the
             Parliament
             ●ung
             it
             out
             for
             a
             base
             cheating
             Monopoly
             ;
             some
             of
             Sir
             
               Miles
               Sands
            
             friends
             moved
             he
             might
             have
             satisfaction
             for
             the
             vast
             sums
             he
             had
             expended
             ;
             Sir
             
               Edward
               Cook
            
             answered
             ,
             Let
             those
             pay
             him
             that
             set
             him
             a
             work
             ,
             and
             further
             added
             ,
             that
             it
             was
             fit
             Sir
             
               Miles
            
             should
             give
             compensation
             to
             the
             oppressed
             Country
             ;
             for
             trying
             experiments
             against
             the
             Owners
             consents
             .
          
           
             
               The
               Maxime
               is
               ,
            
             
               Plura
               potest
               interrogare
               Asmus
               ,
               quam
               respondere
               Aristotele
               .
            
          
           
             But
             let
             the
             Undertakers
             ask
             as
             many
             and
             what
             questions
             they
             please
             ,
             we
             hope
             to
             give
             full
             satisfaction
             to
             this
             Honourable
             Committee
             ;
             but
             I
             wil
             state
             the
             most
             difficult
             Quaeres
             ,
             I
             ever
             heard
             of
             from
             the
             Undertakers
             ,
             and
             give
             them
             satisfactory
             Answers
             .
          
        
         
           
             The
             Quaeries
             .
          
           
             1.
             
             
               Quaere
               .
            
             Why
             did
             not
             the
             Countrey
             pay
             the
             Tax
             of
             a
             Mark
             the
             Acre
             ?
          
           
             
               Answ.
            
             Because
             it
             was
             illegall
             in
             many
             respects
             .
          
           
             First
             the
             Commissioners
             were
             illegall
             that
             laid
             it
             on
             the
             Countrey
             ,
             for
             the
             Nobility
             and
             Gentry
             were
             put
             out
             of
             Commission
             ,
             and
             there
             was
             a
             new
             Commission
             where
             the
             Earl
             of
             
               Lindsey
               ,
            
             Sir
             
               Robert
               Killagrew
               ,
            
             Sir
             
               William
               Killagrew
               ,
            
             Master
             
               Robert
               Long
               ,
            
             and
             divers
             Privie
             Counsellors
             who
             were
             bribed
             ,
             and
             Courtiers
             were
             put
             in
             their
             rooms
             contrary
             to
             usance
             ,
             prescription
             and
             custom
             ,
             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
             
               per
               Annum
               .
            
          
           
             Had
             the
             Commissioners
             been
             legall
             they
             could
             not
             lay
             a
             Tax
             without
             a
             Jury
             ,
             and
             had
             the
             Commissions
             and
             Juries
             
             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
             :
             Likewise
             neither
             the
             Kings
             Commissioners
             nor
             Jurors
             have
             any
             thing
             to
             do
             with
             the
             matter
             of
             Undertaking
             ,
             that
             belongs
             onely
             to
             the
             major
             part
             of
             Lords
             ,
             Owners
             and
             Commoners
             ;
             For
             they
             may
             Contract
             under
             hand
             and
             Seal
             with
             whom
             they
             please
             ,
             so
             that
             Commissioners
             cannot
             be
             Undertakers
             ,
             for
             then
             they
             should
             be
             Judges
             and
             Parties
             :
             Likewise
             it
             is
             against
             sence
             and
             reason
             that
             Commissioners
             and
             Undertakers
             (
             as
             they
             were
             )
             should
             Contract
             with
             themselves
             ,
             and
             give
             the
             Countreys
             Lands
             one
             to
             another
             ,
             as
             my
             Lord
             of
             
               Lindsey
            
             gave
             a
             Warrant
             to
             the
             Commissioners
             to
             Judge
             14000.
             
             Acres
             dreyned
             ,
             his
             Lordship
             being
             the
             chief
             Undertaker
             himself
             :
             Besides
             the
             Tax
             was
             laid
             on
             no body
             ,
             because
             it
             was
             laid
             on
             the
             Levell
             in
             generall
             ,
             whereas
             by
             Law
             it
             ought
             to
             be
             laid
             on
             particular
             Towns
             and
             Individuals
             ,
             so
             it
             could
             not
             be
             paid
             legally
             by
             any body
             .
          
           
             2.
             
             
               Quaere
               .
            
             Whether
             is
             not
             dreyning
             good
             for
             the
             Common
             wealth
             ?
          
           
             
               Answ.
            
             There
             are
             two
             kindes
             of
             dreyning
             ,
             the
             one
             is
             by
             the
             Ancient
             Commissions
             of
             Sewers
             .
          
           
             The
             other
             by
             the
             more
             recent
             way
             of
             Undertaking
             ;
             both
             these
             are
             legall
             and
             illegall
             .
          
           
             Legall
             dreyning
             (
             
               viz.
            
             )
             by
             Commissioners
             of
             Sewers
             of
             the
             Nobility
             ,
             and
             wel-affected
             Gentry
             of
             their
             own
             Country
             ,
             and
             honest
             goodmen
             of
             the
             Neighbourhood
             ,
             who
             are
             to
             be
             Jurors
             ,
             and
             consequently
             Judges
             of
             the
             matter
             of
             Fact
             ,
             who
             return
             Defaultors
             according
             to
             the
             12.
             of
             
               Edw.
            
             the
             4.
             and
             thereupon
             ,
             the
             Commissioners
             confirm
             their
             Amerciaments
             :
             were
             the
             old
             dreyns
             thus
             legally
             scowred
             twice
             or
             thrice
             the
             year
             ,
             there
             would
             little
             Land
             lye
             hurtfully
             surrounded
             ,
             this
             is
             good
             for
             the
             Common-wealth
             .
             But
             illegall
             dreyning
             ,
             that
             is
             ,
             to
             put
             in
             Courtiers
             ,
             sharers
             ,
             sharks
             and
             strangers
             to
             be
             Commissioners
             ,
             and
             by
             the
             Kings
             Prerogative
             to
             make
             them
             Judges
             and
             Parties
             ,
             and
             to
             impower
             them
             to
             take
             away
             the
             Free
             Peoples
             Estates
             against
             their
             consents
             by
             view
             onely
             ,
             without
             Juries
             ,
             
             and
             to
             make
             new
             Works
             for
             private
             ends
             ,
             contrary
             to
             the
             great
             Charter
             ,
             which
             is
             confirmed
             by
             32
             Sessions
             of
             Parliament
             :
             This
             is
             destructive
             to
             Propriety
             ,
             and
             the
             bane
             of
             the
             Common-wealth
             :
             Undertaking
             is
             a
             distinct
             thing
             from
             the
             Commissions
             of
             Sewers
             ,
             neither
             has
             the
             Kings
             Commissioners
             of
             Sewers
             nor
             Jurors
             any
             thing
             to
             do
             with
             the
             matter
             or
             manner
             of
             undertaking
             :
             This
             is
             likewise
             two
             fold
             ,
             legall
             or
             illegall
             ;
             Legall
             undertaking
             ,
             according
             to
             43
             
               Eliz.
            
             is
             when
             the
             major
             part
             of
             the
             Lords
             ,
             Owners
             ,
             and
             Commoners
             ,
             do
             agree
             with
             any
             person
             or
             persons
             ,
             or
             Corporations
             ,
             for
             a
             certain
             sum
             of
             money
             under
             their
             hands
             and
             Seales
             ,
             for
             the
             draining
             such
             Lands
             as
             they
             finde
             hurtfully
             surrounded
             .
             This
             is
             good
             for
             the
             Common-wealth
             ,
             because
             it
             is
             with
             their
             free
             consents
             ,
             so
             
               Volenti
               non
               sit
               injuria
               .
            
          
           
             Illegall
             undertaking
             is
             when
             the
             Kings
             Commissioners
             of
             Sewers
             ,
             or
             others
             by
             vertue
             of
             the
             Kings
             Authority
             ,
             by
             violence
             ,
             oppression
             ,
             or
             Councell-Table-Warrants
             ,
             will
             Act
             as
             Undertakers
             against
             the
             Owners
             consents
             ;
             this
             is
             the
             heighth
             of
             Arbitrary
             Government
             ,
             and
             Tiranny
             it self
             ,
             which
             is
             a
             speedy
             destruction
             to
             a
             Nation
             ,
             and
             the
             Pest
             of
             the
             Common-wealth
             .
          
           
             3
             
               Quaere
               .
            
             Whether
             drayning
             Land
             hurtfully
             surrounded
             ,
             is
             good
             for
             the
             Common-wealth
             ?
          
           
             
               Answ.
            
             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
             must
             of
             necessity
             be
             bad
             for
             the
             Common-wealth
             .
             The
             Undertaker
             is
             like
             the
             Tinker
             ,
             he
             stops
             one
             hole
             ,
             and
             makes
             two
             ;
             he
             draynes
             one
             Acre
             for
             himself
             ,
             and
             drownes
             two
             of
             his
             neighbours
             ;
             nay
             sometimes
             twenty
             :
             certainly
             this
             is
             bad
             for
             the
             Common-wealth
             .
          
           
             Yet
             he
             hath
             drained
             Lands
             hurtfully
             surrounded
             ,
             and
             drowned
             Lands
             not
             hurtfully
             surrounded
             ,
             and
             must
             have
             a
             third
             part
             of
             those
             Lands
             that
             were
             never
             hurtfully
             drowned
             for
             Melioration
             ,
             so
             the
             same
             former
             distinction
             still
             holds
             good
             ,
             Legall
             is
             good
             ,
             illegall
             is
             bad
             for
             the
             Common-wealth
             .
          
           
           
             4
             
               Quaere
               .
            
             Whether
             is
             this
             Levell
             of
             the
             Earle
             of
             
               Lindsey
            
             hurtfully
             surrounded
             ?
          
           
             
               Answ.
            
             There
             are
             two
             Verdicts
             ,
             and
             fourty
             Witnesses
             ,
             that
             have
             proved
             it
             is
             not
             hurtfully
             surrounded
             ;
             But
             if
             draining
             Lands
             hurtfully
             surrounded
             were
             good
             ,
             then
             draining
             Lands
             not
             hurtfully
             surrounded
             certainly
             is
             bad
             for
             the
             Commonwealth
             .
          
           
             For
             to
             draine
             dry
             Land
             ,
             it
             is
             to
             take
             away
             the
             
               Humidum
               Radicale
               ,
            
             and
             so
             consequently
             to
             spoile
             it
             :
             Besides
             to
             drain
             the
             Lands
             floods
             from
             our
             fodder-Fens
             ,
             and
             to
             divert
             the
             Rivers
             from
             overflowing
             ,
             we
             should
             not
             have
             half
             so
             much
             Fodder
             for
             our
             Cattell
             in
             winter
             .
          
           
             This
             Levell
             is
             of
             this
             condition
             in
             both
             respects
             ,
             and
             the
             Earles
             new
             Draines
             do
             much
             more
             hurt
             then
             good
             ,
             by
             draining
             dry
             grounds
             ,
             which
             the
             Undertakers
             keep
             for
             themselves
             ,
             and
             leaves
             the
             worst
             to
             the
             Country
             ,
             and
             so
             contrives
             their
             new
             Draines
             ,
             that
             they
             hurtfully
             surround
             those
             Lands
             which
             were
             not
             hurtfully
             surrounded
             before
             ;
             so
             they
             drown
             us
             to
             drain
             us
             ,
             but
             the
             remedy
             is
             worse
             then
             the
             disease
             .
          
           
             There
             are
             severall
             Witnesses
             that
             have
             proved
             this
             ,
             and
             we
             can
             demonstrate
             it
             mathematically
             .
          
           
             That
             by
             opening
             the
             old
             Draines
             ,
             it
             would
             be
             far
             more
             beneficiall
             to
             the
             Commonwealth
             ,
             and
             it
             would
             not
             stand
             the
             Country
             in
             the
             tenth
             part
             of
             the
             charge
             :
             All
             which
             can
             and
             will
             be
             done
             by
             a
             legall
             Commission
             of
             Sewers
             ,
             of
             the
             well-affected
             Gentry
             of
             the
             Countrey
             ,
             and
             honest
             Jurors
             of
             the
             Neighbourhood
             .
          
           
             5.
             
             
               Quaere
               .
            
             Why
             hath
             not
             the
             Countrey
             drained
             themselves
             all
             this
             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
             .
          
           
        
      
    
    

