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A52386 To the Parliament of the Commonvvealth of England, and every individual member thereof The great complaint and declaration of about 1200. free-holders and commoners, within the mannor of Epworth, in the Isle of Axholm, and county of Lincoln, setting forth the plot and design of Mr. John Gibbon, and his fellow-projectors, to gain a posession of the said free-holders ancient inheritance, in their commonable grounds there, contrary to law. Humbly presented, and desired to be perused. Noddel, Daniel. 1654 (1654) Wing N1217B; ESTC R219394 19,166 32

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the Suit of the said Vavasour for 80 l. cost and 12 d. dammages given unto him by the Jury and the money paid The second is That a Tenant to the Participants who was owner thereof did in his heat of blood presently after it was thrown down bring his action of Trespass at Law against a Free-holder in the Isle for throwing down that Windmil three Houses and one Barn to which the Free-holder being Defendant having pleaded the Participants durst neither let the Plaintiff their Tenant try the cause himself nor the Defendant try it but pray upon Record to discontinue and let fall their own action and to pay the Defendant costs and 40 s. was accordingly paid So as now Right Honorable the case in short is this The Land in controversie is 7400. acres of ground whereof 4000. acres have been now thirteen years in the possession of the Free-holders and is left unto them upon the full hearing of the cause by the Participants own last Decree in equity of the 10. of Febr. 1650. which Decree gives way to the Free-holders to go to a Tryal at Law and in pursuance thereof they have had a Verdict by special Order of the Court of Exchequer in the name of one that was no Rioter and since that Verdict the Free-holders have been in possession of all the 7400. acres being their ancient inheritance and they the true owners thereof now three years this Michaelmas-Term 1654. It is therefore now humbly submitted whether after the said Decree in equity and proceedings at Law the miscarriage of a few in a pretended Riot shall occasion a quiet possession of the Lands in question of so long continuance and so recovered to be given from the Free-holders to the Participants who never yet legally had it Or that the Free-holders who are willing to stand or fall by their title either in Law or equity shall not be admitted in a just and equitable way to improve the said grounds themselves for the best advantage of the Commonwealth having now testified their willingness thereunto under the major part of their hands subscribed to a Petition ready to be presented to your Honors for that purpose And now Right Honorable since Mr. Gibbon will not set forth his Title or indeed dare not let it appear be pleased to take notice of what he tells all abroad and that is that they have the late Kings Patent and that 370. of the people have consented to a Decree in the Exchequer The answer is soon given to them both For as to the first The late King could not by Law improve causa patet The second is first as to the consents there is not one person that in a legal way consented For by the Statute of 43. Eliz. it ought to be under their hands and Seals indented for the draining of such Lands as are hurtfully surrounded not Lands of 15 s. and 20 s. an acre for therein is the cheat that under pretence of draining a little moorish ground they the Projectors ingross ten times more of the best ground from the people and all must go under the notion of draining And besides neer half of those that are named in the Decree never had right of common and some are named two three and four times over to swell up the number but admit that they all had had right yet they were all forced and constrained and there are above 1100. Commoners so as there are more then twice as many that never consented at all and divers of the most considerable in estate Indeed Mr. Gibbon hath been very busie to shew the outside of that Decree to every Committee and it is true the Parchment and the Seal annexed are very fair to look upon and strange things Mr. Gibbon labours to perswade with the sight thereof but to shew the inside thereof how it is but the award of the Atrorney-General that was in those times decreed without ever hearing the merits of the cause or to shew their own last Decree of the 10. of Feb. 1650. which shews how the first was obtain'd of these things Mr. Gibbon will never speak but give him his due he tells and rings it all abroad of great and notorious Riots committed in the Isle of Axholm and calls the Inhabitants there Rioters and notorious Rogues though honester men then ever will stand on his legs if they were good ones and many of their actions that they have really done for the Parliaments service such is his impudence he calls them Riots and no doubt but if it were in his power would make all the Parliaments battels Riots witness his giving out that the King of Scots should not want for 300. men he himself would furnish him with them together with horse arms and ammunition and saying If the Scotch Army prevailed and got the better of it he would then take a course with the Isle-men and put them to fire and Sword and witness the report of raising a Troop of Horse upon the Level in aid of the Scotch King when he came against Worcester are not these things proved Yes and much more but he may thank his good friends Mr. William Say and Mr. Henry Darley who have drawn up a report none but Mr. Gibbon knowing a third man that was at the doing thereof as partial and with as much advantage to him and his fellow-Participants as possibly they could and that report together with other reports that have been drawn up meerly about pretended Riots without taking notice of any title or proceedings that have been at Law are now foreseen to be approaching your Honors consideration to fetch away the possession again now recovered at Law from the ancient true owners and give it to those that never yet legally had it Now to remove a possession in 4000. acres of thirteen years continuance with the Free-holders being their ancient inheritance left unto them by the Participants own last Decree of the 10. of Febr. 1650. and a possession of the whole 7400. acres now of three years continuance after a Verdict at Law in the name of one that is no Rioter surely this cannot but be thought strange and therefore worthy notice taking how the design was first framed and whether it is not much savouring like those in former times times of Tyranny for then it was the manner to make the People Rioters even before they had ever lost the possession on purpose to weary and vex them to bring them under fines and to base submissions to give away their right and it is humbly submitted whether this be not a plot of the same nature upon perusal of the Participants last refuge in their Petition to the former of the late Parliaments which followeth in these words verbatim To the Supreme Authority of this Nation the Parliament of the Commonwealth of England The humble Petition of the Participants in the draining of the Level of Hatfield-Chase in the Counties of York Lincoln and Nottingham on the