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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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things criminal every man ought to have his particular charge given as touching the matter of crime the time when place where and the person by whom it was committed with his name and sirname his addition and place of abode to th' intent the party accused may make his legal defence thereunto but in the report of Master Say and Master Darley all are wined so confusedly together as every man hath just occasion to say it was impossible for him to make his defence Nay it was so carryed on by the late Committee of Parliament that when some of the honest party of that Committee had made an order that every person should have his particular charge given in writing the very next day after it was again over-voted and nullified so that Master Luke Robinson that honest Gentleman who was of that Committee then said it was in vaine for to fit And howsoever for my own particular I may lye under censure by reason of this petition and the proceedings thereupon yet it will be for your honours to cause the depositions to be throughly perused aswell on the Freeholders part as on the other whereby you will then come to know how Master Say and Master Darley have in ten line lockt up and imprisomed the truth of above twenty witnesses which the Freeholders had attending here in London about a twelvemoneth since neer half a yeer before they could be examined and yet Master Gibbons witnesses in a moneths time at the most had a quick dispatch and Master Say and Master Darley have stretch't out neer two hundred lines in the report out of their depositions for the Participants advantage and you will then come to know if Master Say have dealt fairely in taking the depositions how the witnesses on both sides are related and whether those Master Gibbon produced were not tenants and farmers to the Participants and swear in expectation to receive damages from the inhabitants and the several ages of the witnesses on both sides and how long they have known the grounds And now after I have shewn both the legal and equitable part of this business on the behalf of the Freeholders according to proof upon record I beseech your honors give me leave to take notice of Master Gibbon throwing dirt at the Freeholders and of Master Say and Master Darley how ready they are in their report to mention the least unbeseeming word that any particular inhabitant hath spoken but altogether omit to make out the inhabitants defence wherein it was clearly made appear how they have * Witnesses Robert Dyneley John Barnard Esq Timothy Ellis clark and others raised and maintained at their own charge two foot companies for the Parliament for a long time in the Isle and afterwards both at Belvoir and elswhere in England and divers of them since in Scotland did good service And for my own particular I have this to say to their report they have past my defence very sleightly over which I refer to the depositions and since Mr. Say hath been so cruel as not to afford me the benefit which the house of Lords did but that my own constrained examinations to interrogatories in the Exchequer must be used against me a thing the house of Lords refused I beseech you let all my examination be taken notice of aswell as that part they make use of to do me hurt For Master Say as a cruel man though I and the other persons with me were after a moneths imprisonment here in London upon a full hearing of Councel on both sides at the Bar of the house of Lords dismissed for that very offence mentioned in their report yet is it revived and made use of again and though I offered to prove the dismission by several witnesses yet would not Master Say admit thereof because the order of dismission was not to be found and therefore the just and honest defence that might have been made thereunto had it been before any competent Judge cannot by the report appear to your honours and though I desire not to recriminate yet I submit to any whether it was not as fit Master Say and Master Darley should have reported the several proofs that are against Master Gibbon Marmaduke Hardy and Ric. Glew cross examined whereby his readiness of inclination to the King of Scotts appears expecting through his prevalency to be revenged against the inhabitants and giving forth words that he will raise three hundred men with horse and Armes in his assistance I say whether that was not as fit to be reported as some words they do report howsoever Rich. Glew William Wells Thomas Todd it is their injustice they have not afforded me the benefit of the Cross examination of the witnesses that swore against me or the benefit † of the restimony of those that were brought for me purpose to make their threats good against me but I conclude with this God forgive them And one thing May it please your honours I crave leave to publish for my own vindication against the impudence of Master Gibbon who before the honorable Committee of the Councel of State taxed me with perjury in an Affidavit I once made in the Exchequer upon the reading whereof he said Baron Thorpe affirmed upon the Bench it was false which Affidavit being made upon occasion of an order which Master Gibhon strongly laboured for after the verdict which the Freeholders had in Master Vavasours name to re-inforce the Decretal order of Febr. 1650 mentioned in Master Sayes report in the drawing up thereof the Clarks on both sides attended at Baron Thorp's Chamber with the draught of it and then Baron Thrope with his own hand first inserted an exception in the order as to Vavasour who had obtained a verdict in affirmation of his right whereupon the Clarks at that time departing with the order Baron Thorpe at another time sent for the order againe and struck those words forth which he had formerly so inserted concerning Vavasour This being the substance of my Affidavit and I being in the Country when it was read in Court do not know whether Baron Thorpe said it was false or not otherwise then by hearsay But if he did say so as Master Gibbon taxed me he did I do here affirm that Baron Thorpe did make that alteration of the order in his study within his chamber in Sergeants Inn in Fleetstreet Master Hillary and Master Payne the two Attourneys in the cause being persent and I in the room behinde and if he do deny it he may aswell deny his daughter in law his wives daughter the widdow of Master Abraham Vernat who was a Participant and 2 Captaine in Armes for the late King against the Parliament I say he may aswel deny her to claim an interest in the grounds in question as part of her fifth part for her maintenance I beseech your honours blame me not for it is truth I write and it is my credit I live by
it worth fifteen shillings and twenty shillings an acre per ann and ten shillings an acre one with another throughout 2. That it did feed all manner of Cattel fat for the Butcher 3. That the very best ground was taken from the Commoners 4. That the Freeholders cannot keep half the cattel winter and summer Thomas Tailor Thomas Farr Isaac Chapman Thomas Todd Thomas Philips William Maw John Brown Robert Dyneley Esq John Clarke John Jervise and others levant and couchant upon their several tenements as they could before that pretended draining 5. That they are compelled to joyst their cattel out in foraign places and to turn their Meadow grounds into pasture 6. That divers of the Freeholders sold their estates in the Isle and provided themselves habitations elswhere in foraign places meerly because of oppressions in these particulars 7. That the Participants have taken away the very heart of the ground 8. That the South part of the Mannor of Epworth left to the inhabitants is as subject to be surrounded with waters since the pretended draining as it was before 9. That the ground before the draining was better in Summer for the overflowings of waters that had been in Winter 10. That the Participants at their first coming into those parts did but desire to cut through the Mannor of Epworth to drain Hatfield Chase and many other Mannors that lye on the West of the said Mannor Thomas Farr Timothy Ellis Clarke Thomas Todd and Thomas Tailor into the river of Trent that runneth on the East And that without cutting through the Mannor of Epworth Hatfield Chase and those other Mannors could not be drained 11. That when the projectors gained their possession divers of the Commoners were murdered and shot to death Timothy Ellis Clarke Iohn Tompson William Wells Thomas Farr John Francis and terrified and affrighted from their habitations by Serjeants at Armes and Pursuivants and inforced to lye in the fields under hedges and many wounded 12. That the Participants have been at no more charge in the Mannor of Epworth then cutting a drain of four miles Thomas Tailor Thomas Todd And that they have stopped up some ancient Sewers that were as useful in the Mannor And now grave Senators though the business be clear in law for the Freeholders and that there should be also all the equity that could be imagined for them in it yet if Master Say have been such a man to mince conceal omit and wrest the testimonies of the Freeholders witnesses in the depositions either as he was Chaireman in the first penning of them or in the returning of them in to the honorable Committee of the Councel of State and withholding any essential writings or denying any to be made out that ought and was offered by the Freeholders to have been made forth in this matter which the Freeholders doubt not but to prove having once copies of depositions as Master Gibbon long since had from Master Say I say in this case though the case was never so good and before never so righteous Judges yet being lodged in a report so partially and wickedly drawn up as this of Master Darley is and presented to your honors in no other shape and form then Master Say hath drest it I cannot but see how ruine and destruction should unavoidably fall upon those that before God and in the eye of the law are clear And therefore I beseech you blame me not though I have presumed thus to write for it concerns many thousands men women and children for whom I have been intrusted now almost eight yeers as Solicitor and it concerns also my self for this cause sake very neerly as your honors may perceive by that last plotted and contrived device of Master Gibbon and his participants when it was clear that neither law nor equity would relieve them in their petition to the late Parliament which followeth verbatim To the Supream Authority of this Nation the Parliament of the Common-wealth 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 whose names are hereunto subscribed on the behalf of themselves and others Sheweth THat the Petitioners and these under whom they did claim did about twenty four yeers since at the expence of neer two hundred thousand pounds drain and lay dry sixty thousand acres of ground in the said Level then drowned and of small value and made the same worth ten shillings twelve shillings and sixteen shillings the acre And as a recompence for their said charge hazard and travel in so publike a work the proportion of about twenty four thousand acres of the said lands whereof seven thousand four hundred acres of the wasts of the Mannor of Epworth was part was settled upon them by good * * Note that the Participants notwithstanding this durst not produce either their Patent or any other pretended assurance at the time of the examination neither were the Freeholders suffered to make forth their title done by it assurances in the law as will appear to your honours upon the examination thereof and are too long here to insert and according to the said assurances the Petitioners had quiet and peaceable possession of the lands and so injoyed the same for many yeers and divided improved and planted the same and in particular upon the seven thousand four hundred acres of Epworth built a Church † † This Church is yet unpaid for the man that built it was un and about one hundred and sixty habitations and have constantly paid the rent of 1228 l. per ann which was then reserved upon the said whole proportion and now payable to the State for ever That in the yeer 1642 in time of the war some of the inhabitants of the Mannor of Epworth by the instigation of one Daniel Noddel an Attourney at law did rise in tumults and laid wast about four thousand acres of the said seven thousand four hundred acres demolished the buildings and destroyed the crops of corn and Rapeseed growing thereupon for redress whereof and establishing their possession the petitioners exhibited * * This bill was exhibited for stay of the Freeholders suits at law in Trinity Term 1646. when the Freeholders had had possession above four yeers before their bill in the Court of Exchequer who granted several Injunctions and made several Orders to the Sheriffs for quieting the possession but the tumults growing too great to be supprest by the ordinary Courts of Justice the petitioners had recourse to the Parliament who were pleased to make several Orders † † They never had any order of Parliament but out of the House of Lords upon a supposed Ryot which being heard at the Lords Bar the parties complained on were dismist and are now for that very thing complained on therein for relieving the Petitioners which likewise were contemned and the petitioners by force still kept out of