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A52385 To the Parliament of the Commonvvealth of England, and every individual member thereof The declaration of Daniel Noddel solicitor for the freeholders and commoners within the mannor of Epworth, in the Isle of Axholm, in number about 1200 besides new erected cottages, on the behalf of himself and all the said commoners: discovering the plot and design of Master John Gibbon and his fellow-projectors to gain a posession of the said freeholders ancient inheritance in their commonable grounds there, contrary to law. Noddel, Daniel. 1653 (1653) Wing N1217A; ESTC R219026 22,788 34

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whom by partition made between her and Elizabeth and Mary her sisters the same place called Belwood did come Robert Ait Hall was son and heir to Oliver Ait-hall who was son and heir of Margery one of the daughters and co-heirs of Thomas B●ltoft and Emott his wife to whom by partition with Elizabeth her ●ister the said place called Bellwood came Emot was daughter and heir to Richard de Bellewood who is one of the eleven specially named in the said Deed of Mowbray and lyeth intombed in the Parish Church of Belton in a Tombe called Belwood Tombe so as it is clear the said Thomas Vavasour in whose name the Freeholders had their Verdict hath both the same estate that Richard de Bellewood now about three hundred yeers since had derived to him by Deeds under seal and is also of blood unto him lineally descended from him This is the first Tryal that the Freeholders could ever obtain in twenty yeers time at which Tryal it did also appear by the testimony of ancient witnesses that the Freeholders had also common in gross against which no improvement can by law be made neither was this tryal had before there was an hearing in equity of an English bill which the Participants exhibited in the Exchequer to stay the Freeholders suits at law which bill was four or five yeers in hearing and the Decree made upon the full hearing thereof in Feb 1650 doth establish the possession no otherwise with the Participants then it was when that bill was exhibited which was but in Trinity Term 1646. at which time there was four thousand acres of the said seven thousand four-hundred acres in controversie in the possession of the Freeholders and that decree gives way to go to Tryal at law for the rest and therefore I desire that the equivocation of Master Say and Master Darley in the third folio of their report as to the possession by that Decree may be observed when the report shall be brought in And now may it please your honors I shall truly inform you of the proceedings at law in a brief thus viz. In Hillary Term 1645. the Freeholders commenced their suites at law against the Participants to try their title to the said lands In Trinity Term following viz. 1646. and not in 1642. as the Participants in their Petition to the late Parliament falsly suggest the participants exhibited an English Bill in the Exchequer to stay those suites at law and to have the possession of the whole seven thousand four hundred acres in controversie established with them Quere Whether Mr. Say hath not concealed this Decree from the Committee of the Counsel of State and vide the Decree and Mr. Say's equivocation thereupon in folio 3. ●●h's report touching the possession In Michaelmas Term 1650. that Bill came to full hearing and the Decree then made doth establish the possession no otherwise with them then it was when that Bill was exhibited Where pray Note That about four thousand acres of the said seven thousand four hundred acres had been then about five yeers before the Bill was exhibited in the Freeholders possession in which case all restitution of possession under colour of a Ryot is by law excluded Note also That Decree gives way to the Freeholders to go to tryal at law for the rest There being now about one hundred charged as Ryotors It is humbly submitted Whether all the rest of the Freeholders and Commoners being above a thousand shall suffer the loss of their possession so left unto them as aforesaid by the said Decree upon the full hearing of the Participants own Bill in equity and afterwards wholly recovered by the Freeholders at law upon a Verdict in the name of one that was no Ryoter And two things there are observable touching that windemill mentioned in the Act of Oblivion wherein the inhabitants are exempted from mercy as touching the Ryots committed in the Isle of Axholm The first is That it was taken in execution at the suit of the said Vavasour foreighty pound costs and twelve pence damages given unto him by the Jury and the money was 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 Freeholder in the Isle for throwing down that windemill three houses and one barn to which the Freeholder being defendant having pleaded the Participants durst neither let the plaintiff their tenant try the cause himself nor let the Defendant try it prays upon record to discontinue their own action and to pay the Defendant costs lest he should try it which they did accordingly and paid fourty shillings costs to the Defendent Right honorable now I have informed your honors of the le●al parr give me leave I humbly beseech you on the Freeholders behalf to lay down before you their equitable part to the grounds in question no otherwise then was proved before the late Committee of Parliament by many witnesses no way interested if Master Say have taken the depositions or rather returned them aright as they were or ought to have been taken whereof to this day the Freeholders never had copies a though Master Gibbon long since had copies delivered out Nay 't is like I shall prove Master Say delivered out the very Original to him to copy forth by which means Master Gibbon and his friends quoted such witnesses whose depositions made best for them upon the margent of the report or a copy thereof thereby to delude the Honorable Committee of the Councel of State and left out many of the witnesses whose testimonies make against them and by concealing the Decree and other writings in Master Sayes hands and other the means aforesaid have obtained a second report of all which I am bound in conscience to inform your Honors lest by silence ignorance destroy this cause and lose the Freeholders possession which must needs attend those reports to your Honors if nothing else should appear but the ugly shape of a pretended Ryot for by Master Sayes report onely the plot is so laid that your Honors cannot possibly see the truth and the Freeholders have cause ●o fear an Honorable and brave Worthy seeing nothing but a pretended Ryot and being joyned with Master Scob●l your Clark as of the Committee of the Counsel of State and never knowing how the proceedings at law are gone hath been misled to sign a report which whether it be contrary to law and equity as to the Freeholders loss of possession in the said grounds or not is humbly submitted to your honors when it shall come to your view being compared with the depositions which on the Freeholders part if rightly taken by Master Say whereof they have just occasion to doubt will clearly appear to be thus in point of equity viz. 1. That the grounds before the pretended draining which the Participants took from the Freeholders was most of