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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25666 The Anti-projector, or, The history of the Fen project 1646 (1646) Wing A3504; ESTC R27192 7,788 9

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THE ANTI-PROJECTOR OR The History of the Fen Project IT 's ausual question Whether drayning be good for the Common wealth Answ 1. There are two kindes of legal drayning The one is by the ancient Commissions of Sewers according to the 23 H. 8. where the Commissioners of Sewers and Jurors are to be of the same County where the land ly●th who once or twice every year if occasion required ought to view the wants of scowring the old Drains and to return the defaulters to the Commissioners who used to ascertain their Amerciaments The second is according to a Law made in the 43 Eliz. whereby the major part of the owner and Commonners of any Township may agree with any person or Corporation for a certain sum of money under their hands and seals indented for the drayning of such lands as they finde hurtfully surrounded This is also Legal and good for the Common-wealth because it is with their free consents It may be objected Why hath not the Country Drayned themselves all this while The Countries have been alwaies able and willing but for these fifty years or thereabouts their legal Commissioners according to the 23 of H. 8. have been obstructed by powerful undertakers Courtiers Lord-keepers Atturnies-General and Projectors and dissolutions and intervals of Parliament The which Law if it had been constantly put in execution without these gross interruptions would have done the work in most Towns where need required within the supposed Level For without doubt the stopping of the old Draynes is the cause of all their new mischiefs Illegal Drayning All the illegal undertakers have pretended they had the consents of the Countries to be drayned by them which alwaies hath been the ground of their cheat from the beginning viZ. The first notorious undertaker was the Earl of Lincoln in Queen Elizabeths dayes His covetous Lordship by bribes to some Courtiers and mis-information by pretending what a glorious work drayning would be to the Publick and that he had the consent of the Country which indeed were but an inconsiderable party of his own faction procured a Pattent or Commission for the drayning of the Fens But his private ends were to drain his own surrounded foul lands at the Public charges and he so packed his Commissioners by making them Judges and Parties that they made a Level and took away the poor Country-mens lands which were never drowned or bettered by overflowing for melioration The Queen being informed how her good Subjects were abused and that the said Commission was contrary to the Law of Sewers viz. 23. H. 8. She thereupon made that just and equitable Law so consonant to nature and reason for the most strict preservation of propriety called The Statute of Improvement in the forty third year of her raign Which Law prescribes the Rule to undertaking or contracting viz. First there must be fairly and freely obtained the consents of the major part of the owners and Commoners under their hands and seals indented So that the Commissioners of Sewers have nothing to do with the matter and manner of undertaking Neither is a Commissioner of Sewers capable to be in undertaker for then he should be both Judge and Party and so to contract with himself which were absurd Primo Jacobi Sir Miles Sandys having purchased some hurtfully surrounded lands to drain himself though to the drowning of his neighbours by bribes to Courtiers procured a Commission to drain the Fens and got himself and his participants to be made Commissioners and consequently judges and Parties Then they made a Level and brought in those Towns of Cambridge shire on the South-side the River Graunt to be part of the Level or hurtfully surrounded grounds which words are convertible and they contracted with themselves and gave to themselves one third part of those lands for draining and melioration most part of which lands being in truth dry grounds or bettered by overflowing or at least able to drain themselves by clensing the old Sewers had not the Legal Commissions of Sewers been obstructed by these undertakers This Project was wittily discovered to King James in the beginning of his raign for one told the King he should hear a Cow speak which the King wondered at and was perswaded to go to his Stables at Theobalds where the Cow was covered all over The King commanded the Company to withdraw and uncovered the Cow and upon the horns there was a large Parchment rolled up and all the undertakers fallacies discovered therein The King enjoyned secrecy and in full Parliament spake against it in these words It is just the same Case my Lords as though a pack of Theeves should give me 20000. l. to give them a Patent under my broad seal to rob my loyal Subjects of 200000 l. by the which I should perjure my self and become a Thief and Tyrant And thereupon it was thrown out for a Project Some of the undertakers friends pressed earnestly that the Countries might bear their charges Sir Edward Cook replyed Let those pay them that set them on work 19. Jacobi The King himself turned undertaker contrary to his speech in Parliament and contrary to the Acts made 43 Eliz. and the fourth and seventh of his Raign The occasion the King brake that Parliament was for his favourites sake whose brother Sir Edward Villiers was questioned for a Monopolist Observe this undertaking of 19 Jacobi was the foundation of Francis E. of Bedfords undertaking as it appears in their Lyn Law where the Bribe given to the King is nearly couched which was 12000 acres of our lands After King Charles had condemned Loan money by the Petition of Right and had often broke his own Law then the Projectors swarmed again for they knew the King was irreconcilable to Parliaments and all things were carried with a high hand and those most renowned udges chief justice Crew and chief Baron Walter were disgraced and the Judges Patents were altered and those words Quam diu se bene gesserit expunged and those Prerogative words inserted Ad bene placitum Domini Regis This was a fit season to Monopolize and in this interval of Parliaments Franci● Earl of Bedford the Lord Treasurer Weston the Earl of Dorset the Earl of ●insey and his son the Lord Mowbray Lord Gorge Sir Edward Heron Sir John Brook Sir David Coningham Mr. Latch Sir John Munson Sir Philbert Vernatt with many more of the Kings Party turned undertakers and gave bribes to the King Queen and Lords of the Councel Secretaries Attournyes General and Courtiers and procured illegal Commissions and made themselves Judges and Parties and gave the peoples lands to themselves as Commissioners and undertakers which are inconsistent for the reasons premised At Kings-Lyn 6 Caroli They pretended they had the Major part of the Owners and Commoners consents which if they can shew under our hands and seals according to the 43 Eliz. we are content they shall enjoy our lands we are ready to joyn Issue with them upon