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

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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