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A25545 An Answer (to a printed paper dispersed by Sir John Maynard entituled, The humble petition of the owners and commoners of the towne of Isleham in the county of Cambridge, and to the exceptions thereto annexed against the Act for the dreyning of the great level of the fennes) whereby the honour and justice of the late Parliament is vindicated, the scandals and untruths in the said printed paper discovered, some vaine objections answered, and the truth of the proceedings in the work of dreyning (so much conducing to the honour and profit of the Common-wealth) held forth to all sober and uninteressed [sic] persons. Maynard, John, Sir. Humble petition of the owners and commoners of the towne of Isleham in the county of Cambridge. 1653 (1653) Wing A3338; ESTC R18361 13,125 14

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AN ANSWER To a printed Paper dispersed by Sir John Maynard entituled The humble Petition of the Owners and Commoners of the Towne of Isleham in the County of Cambridge and to the Exceptions thereto annexed against the Act for the dreyning of the great Level of the Fennes whereby the Honour and Iustice of the late Parliament is vindicated the scandals and untruths in the said printed paper discovered some vaine Objections answered and the truth of the proceedings in that work of Dreyning so much conducing to the honour and profit of this Common-wealth held forth to all sober and uninteressed persons THE substance of the said Petition falling under these four Generals viz. First that parties interessed are by the said Act made Judges Secondly that the said Act destroyes propriety Thirdly that the said Act doth enact impossibilities and falsities And lastly that Dreyning is declared a Monopoly by the Remonstrance of the late Parliament in the year 1641 and the said Act obtained because there were so many Parliament men parties interessed when the said Act was passing the Petitioners being unheard It is answered to the first That this charge is uncertaine and scandalous There being no particular person named nor in truth could they justly name any for amongst the Judges named by the said Act which are above sixty in number there is never a party interessed named a Judge but Iohn Trenchard Esquire who was an Adventurer for one thousand Acres and thereupon declared he was a party interessed and refused to act as a Judge It is true that all the Iudges of the Courts of Westminster for the present and in succession being appointed Judges by the said Act in general words and not by name It fell out that the Lord Chief Justice Saint Iohn who was an Adventurer for one thousand Acres onely was then Chief Justice of the Common Pleas and thereupon never appeared or acted in the businesse or was present at any Session of the Commissioners appointed Judges To the second Charge that the said Act destroyes propriety It is answered that this is a mistake for it is and ought to be the care of the Supreme power to provide for the good of the whole and to compel every man so to use his owne as it may be serviceable to the common good yet with as little prejudice to each particular as may be and this hath been observed in all times upon various occasions whereof instances are obvious And in particular of recovering surrounded grounds viz. the Stat. of 23. Eliz. cap. 13. for dreyning the Marshes of Erith and Plumpsted and a moiety given for dreyning The Stat. 4to Iaco. cap. 8o for dreyning the Marshes of Lesnes and Font in Kent and a moiety given for dreyning In both which cases they were freed from tithes for seven years as a priviledge and incouragement of their industry And when they could not dreyn it within the time limited the time was lengthened and more lands given and yet these undertakers were to maintaine the work but one year and the undertakers by this Act are to maintaine this Level for ever By the Statute of 4o Iaco. cap. 13. a place called Waldersey in the Isle Elie is appointed to be dreyned by undertakers and two third parts given for dreyning And the benefit redownding to the Common-Wealth by such dreyning appears in a great part by the very Statute of 43o Eliz. cap. 11o mentioned by the Petitioners viz. not onely great and inestimable benefit to the Supreme Magistrate but to the people and increase of able people And this very Level of the Fens hath been several times heretofore endeavoured to be dreyned by others though in vaine and was a work worthy of the care of a Parliament and it is so expressed in the said Act thereby to recover above 300000. acres of surrounded grounds for arrable Meadow and Pasture and not onely fit for cole-seed though oile be no contemptible commodity to this Nation but for wheat and all other graine and for hemp and flax which may be of great concernment to this Common-Wealth And if any desire to be further satisfied of the excellency of this work let him consult Mercators Geography of the world printed at Amsterdam in 1636. fo. 67. wherein the fame of the undertaking is taken notice of and published to the world though undervalued by some of this Nation who are ignorant of the concerment of this Common-Wealth therein And men which broach such principles as that Acts of Parliament wherein all mens consents are included destroy propriety would be carefully heeded in time lest the consequence may tend to bring in question not only many things well setled by Acts of Parliament for publick good in most if not all former Parliaments but interrupt the great affaires of this Common-wealth if such an unsound destructive principle That a Commoners right cannot be bound by an Act of Parliament should be taken up by tumultuous giddy people To the third Charge of impossibility and falsities in the Act It is answered by denial that there is any impossibility or falsity in the Act for it appears to any man that will have patience carefully to peruse the said Act that only the surrounded grounds within the said Level are to be dreyned and no other and if any person be compelled to contribute to the dreyning who is not bettered thereby the Commissioners appointed Judges by the said Act have power to give relief And the Right Honourable the Councel of State have likewise for ease of the Countrey authorized other Commissioners living in the said Level and near thereunto to heare and determine the same upon the place in a short and easie way And it is an unheard of boldnesse to charge the Parliament with falsity in matters of fact declared by them in the Act it self and the consequence no other then to make Acts of Parliament lesse certain then a Chancery-Decree and subject to re-examination as oft as it shall please any troublesome discontented person To the last Charge That this dreyning was declared a Monopoly by the Declaration of the late Parliament in 1641. And the said Act unduly obtained By reason so many Parliament men became interessed therein at the passing of the said Act It is answered that the first part of the Charge is grounded upon a mistake the said Declaration being against Improvements taken out of Commons by the late King Queen and other Lords of Mannors to the prejudice of the Commoners without Law whereas the work of dreyning this Level was then under the care of a Committee of Parliament to provide for dreyning thereof and declared to be a great work And no colour of a Monopoly if the Act be perused and the very original undertaking proceeds from the sollicitation of the Countrey And to the second part of this Charge of the undue gaining of the said Act through the interest of Parliament men It is answered that this general Charge without naming