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 Bâ—ltoft and Emott his wife to whom by partition with Elizabeth her â—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. â—â—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 leâ—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 â—o fear an Honorable and brave Worthy seeing nothing but a pretended Ryot and being joyned with Master Scobâ—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
score of a Ryot committed by some few of the inhabitants upon which petition the report of Master Say and Master Darley which is to come before you is grounded The Freeholders title is as followeth The Freeholders and Commoners within the Mannor of Epworth in the Isle of Axholm have time out of minde had common appendant to their several tenements for all manner of cattel levant and couchant thereupon at all times of the yeer in and through all the wasts and commonable grounds within the said Mannor whereof the grounds in controversie are the greatest part and was alwayes of the best nature and in confirmation of this their ancient right Sir John Mowbray sometime Lord of the said Isle having made an approvement of a great part of the said grounds to himself as Lord did about three hundred yeers since grant unto the Freeholders by an ancient Charter in French but here translated into English by William Riley keeper of the Records in the Tower as followeth THis Indenture between their thrice honored Lord Sir John Mowbray Lord of the Isle of Axholm and of the honour of Brember of the one part Rawlin of Brumham William of Brumham Roger of Brumham John of Thetilthorp Thomas Melton Jeoffery Laundels Vincent Bavant John Gardner John Cutwulf Rich. of Belwood and John at Hagh his Tenants of the Isle of Axholm and all the Tenants and resiants within the said Isle on the other part witnesseth That all the said Tenants and resiants have supplicated their said Lord Sir John Mowbray to have remedy of divers claims touching their right and divers debates and grievances to them made by the Ministers of the said Lord Sir John Mowbray upon which supplication it is agreed that the said Sir John Lord aforesaid hath granted for him and for his heirs to the said Rawlin William Roger John Thomas Jeoffery Vincent John John Richard and John Tenants aforesaid to their heirs to all having their estate or parcel of their estate and to all the other tenants and resiants within the Isle of Axholm and to their heirs and to all that hereafter shall have their estate all the things underwritten That is to say That the said Sir John nor his heirs shall not approve any waste Moors Woods Waters nor make or shall make any other approvement of any part within the said Isle of Axholm And that the said Rawlin William Roger John Thomas Jecffery Vincent 33. Ed. 3. Note that at that time the Freeholders had had Common time out of mind John John Richard and John and their heirs and those that shall have their estate or parcel of their estate and all other Tenants and Resiants within the Isle of Axholm shall have their Common which is appendant to their Free-tenement according to that which they have had and used time out of minde And also that the aforesaid Rawlin William Roger John Thomas Jeoffery Vincent John John Richard and Joan and their heirs and all those which their estate or parcel of their estate shall have and all other the tenants and resiants within the aforesaid Isle may dig in the Moors and Marshes Turfs Trees and Roots found within the Soil of the said Moors and Marshes And that one pound containing one half acre be made at the cost of the said tenants and maintained hereafter by the said Lord and his heirs in Belton-car and one other in Haxey-car containing as much and that they be made in places for the most ease of the said tenants And that no chase of beasts of commoners be made but once a yeer and that the said Beasts be not otherwise driven but to the Pound of the Pasture where they shall be taken and there the beasts of the said Tenants to be delivered by the tenants aforesaid or by their servants and saving alwayes to the said tenants and to their heirs and to their servants that they may take their beasts and receive them in the Drift or before the drift so that the drift of beasts of strangers be not thereby disturbed And that in the severalities of the said Lord adjoyning to the places in which they have Common which are open and not inclosed no beasts of the said tenants and Commoners be taken nor impounded but easily driven out And that the said tenants and resiants and their heirs and all those which their estate or parcel of their estate shall have may dig and take Turf or other Earth for the walls of their houses and for all other necessaries of the said houses and for to inclose the walls of their Messuages or Mansions And to dry Flags in all the said wastes for to cover the ridges of their houses and walls and for bringing of Trees to repaire the river of Trent where cause of repairing is and to make them new And that the said Rawlin William Roger John Thomas Jeoffery Vincent John John Richard and John aforesaid and all other the Tenants and Resiants their heirs and all those which shall have their estate or parcel of their estate hereafter be not for the future amerced or grieved for default of not appearing to ring their swine And that they may put hemp to be rated in all the waters of the Isle except the Skires which are severed to the said Lord Sir John Mowbray and that the said Lord nor his heirs nor his Ministery make no molestation nor grievance to the dogs of the forenamed Tenants and Resiants aforesaid nor to their heirs nor to those which shall-have their estate or parcel of their estate and if they do the Tenants shall have their recovery at the common law And that the aforesaid Rawlin William Roger John Thomas Jeoffery Vincent John John Richard and John Tenants aforesaid and all the other Tenants and Resiants their heirs and all those which hereafter shall have their estate or parcel of their estate may fish through all the waters and wastes of the said Isle without impediment of the Ministers of the said Lord Sir John Mowbray except the Skires aforesaid And also that they may dig Turf and all other manner of earth in all the wastes aforesaid to carry and improve their land at their pleasure And that none of the Tenants aforesaid or of their heirs or of those having their estate impeached of Trespass by the Ministers of the said Lord be amerced for Trespass without answer given in Court and then by their Peers to be fined and taxed if they be amerciable And the said John granteth that all the Tenants and their heirs and all those which shall have their estate which are bound to inclose the Woods of the Lord may take Vnderwood to make them new hedges or to repair them as much as shall be necessary That is to say _____ This blank place cannot be read in the Deed. in the places of the said Woods _____ of the said Tenants their heirs and of those which shall have their estate without being impeached
and Mercalfe 14. Car. Gibbon and Manwood 14. Car. Gibbon Io. and Gibbon Nic. 15. Car. Gibbon and Shering 16. Car. Gibbon Io. and Arthur Samuel for land in the Forest of Galtry and Gibbon and Sir Abraham Dawes for land there also 16. Car. Gibbon and Gale Robert 18. Car. Gibbon and Nokes 19. Car. Gibbon and Shering 19. Car. Gibbon and Lechmore 19. Car. Gibbon and Nokes 22. Car. So many indeed are the vast gross and small sums that this man hath received wasted and spent that I am confident it is not in the power of himself to enumerate muchless in me that can but only tell what those reports speak forth that are extant and truly had there not been a necessity laid upon me out of duty to the country for whom I Solicit and my self Master Gibbon himself giving the occasion I should have been sparing thus to have writ Upon consideration of all which I humbly submit it on the behalf of the Freeholders whether it be not a thing fit that some of those that pretend themselves Participants in the ground should not make their visible appearance and own the prosecution of this business aswel as Master Gibbon who standeth thus outlawed and in that respect ought not to have the benefit of the law in things just how much less in things vexatious and unjust and being a man of this condition from whom can the Freeholders expect reparation having no other visible prosecutor but Master Gibbon and the general name Participants and who they are it is not known but Master Gibbon it is well known stops his creditors mouths with the noise of his hopes of these lands and what will not they every one do but drive on their own designs thereby to make good their desperate debts as much as possible they may for can it be thought that if Master Cambell have a friend he will not ingage him asmuch as he can and that if Sir Iohn Litteot have a friend he will not do the like and so of all the rest of his creditors but thanks be to God I finde a change I believe no such friendship of that kinde will finde acceptance amongst your honors my desire is but to discover the truth and that too by matter of record wherein I may soon be found a lyer if I do not the Decree of Febr. 1650. proceedings at law and the Depositions if rightly taken by Master Say whereof I desire copies aswell as Master Gibbon hath had will decide the business as to the possession which he hungers after and by delusion hath made a stop unto and when I had discovered the truth and studyed how to bring it to you I could not tell possibly how to do it at present better to prevent danger as the case stands then this way and by lodging the Freeholders petition in the hands of the Lincolnshire Members which is humbly desired to be called for when the business is reported for what order the honorable Councel of State have made in it or how or when this business may come before your honors I cannot certainly tell although it is now above a moneth since something was done in it and the Freeholders have good hope that care is taken for them by the honorable Councel but all that I can learn at the Office is that Master Thurlâ— hath taken the care of drawing it to himself but I most humbly beseech you all as the safest refuge every Freeholder in England in this case hath to flye unto to take care of it for there is much of the Freedom of the laws and liberties of England in my judgement either to be preserved of lost in it And now I have thus written I am at quiet being as confident of Justice as ever I was in my life from any a comfort I wanted the last Parliament and truly if I should be asked the reason I am able to say no more then this That I verily perswade my self the fear of God is amongst you to distribute righteousness to all the people of this Commonwealth and in particular to this long oppressed people within the Mannor of Epworth that could never obtain a tryal at law this twenty yeers justice being formerly obstructed by orders of several Courts and now of late although within this right yeers they had two several dayes by special order first in the Common Pleas and then in the Exchequer set down for tryal and several Juries returned yet before Michaelmas Term 1651. being the third time they had a day set down and a Jury returned they could not obtain it and then also Master Gibbon endeavoured to make good his several sayings that the inhabitants should never have a tryal so long as they were quick as is proved for the Jury was then adjourned from day to day at the Exchequer Bar and staid in town neer a moneth before the tryal was permitted to go on yet in conclusion the Plaintiff being no ryoter was permitted to go on but Master Gibbon and his Councel departed the Court and being able to make no defence let the verdict go by default purposely that he might have this to say That the Participants made no defence And I have this to say more for them that although the cause should be tryed never so often they will never do otherwise and have this found by experience that a multitude shall never be righted so long as their remedy lyes by suites of this length and continuance if pretence of ryot by a few shall take away the possession of all for 't is not possible but some of the ruder sort will grow disorderly and indanger both themselves and those that deal for them upon which score the Star-chamber formerly took away their possession making the people ryoters whereas the projectors were indeed the ryoters both in the sight of God and the ey of the law and I hope may in time be so looked upon now the people themselves have testified their willingness under their subscribed hands to joyn with the present Lords of the Mannor in a legal improvement of the said grounds for their own and the Commonwealths good and are ready if there be any thing due either in law or equity to the Participants to yeeld it to them and as to matter of pretended ryot they hope in case your honors take cognizance of it you will be pleased to let every man complained against have his particular charge and then he that cannot nor defend himself having once a legal way prescribed to do it must suffer if there be no more pardon to be had then the Act of Oblivion of the late Parliament gives unto him I have thus far discharged my duty to God and my Country in the place I stand imployed the great God of heaven direct your honours that this cause may come before you with a right understanding of it which the report of Master Say and Master Darley can never bring and against which as partial wicked and most unjust many thousands of men women and children within the Isle of Axholm have as just cause of complaint as ever had people in any cause whatsoever All which I own under my hand and upon a reasonable time given shall be ready either to make good at least in the substance or suffer Daniel Noddell FINIS