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A35588 The Case and proceedings of at least sixty gentlemen participants and purchasers for valuable consideration, of lands in the levell of Hatfield Chace, the counties of York, Lincolne and Nottingham and more then two hundred of their tenants who have been dispoiled of their estates by the inhumane and barbarous ryots of the inhabitants of the mannor of Epworth ... / humbly presented to the consideration of this present Parliament for redress of their so great losses and dammages as it was also to the several parliaments sitting in the years 1651 and 1654. 1656 (1656) Wing C849; ESTC R37529 14,811 16

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That the Sheriff of the County of Lincolne for the time being shall upon request to him made by the Participants appoint such a Deputy within the limits of the said Levell for suddaine ayding and assisting them if need shall require as they from time to time shall desire And it is likewise ordered by their Lordships That as well the Ministers in the adjacent Parishes shall upon the next Sunday after receipt of this Order as the Under-Sheriff of the County of Lincolne in the severall adjacent Market-Townes on the Market day make publication of this Order that the Inhabitants may take notice hereof and conforme accordingly Jo. Browne Cleric Parliamentorum Die Sabbathi vicessimo primo Martii 1645. WHereas the Participants in the draining of Hatfield Chace and parts adjacent in the Counties of Yorke Lincolne and Nottingham have petitioned this House insomuch that by Order of the Committee of Lincolne the Tenants and Inhabitants of those drained Lands within the Mannor of Epworth have entred Bonds for payment to the Committee of their Rents due to their Landlords at our Lady day now next coming and at Michaelmas next coming to be deposited in their hands till the tryall of a Title and likewise that the said Levell is become totally drowned by the malicious pulling up of a navigable Sluce which kept the River of Trent from flowing into Vickersdicke whereby very great dammage is hapned not only to the Participants and Tenants in particular but to the Commonwealth in generall For reedifying of which and other Sluces Banks Draines and Inclosures demolished this House did on the 10th of Decemb. last settle by Order which Order the Lords in Parliament assembled doe hereby confirme And do further Order That those Bonds so taken from the Tenants be upon notice of this Order brought into this House to be disposed of as to Justice shall appertain And do likewise require and authorize the Commissioners of Sewers for the said Levell that they be ayding and assisting to the Participants with all their legall authority in reedifying the things so demolished and preserving the said Levell from future inundation and destruction by the pretended Commoners in which they are hereby authorised and required to call to their assistance the Sheriffs of the County and the Justices of the Peace next adjoyning to the said Works to be ayding and assisting in the establishing and preservation of so good and beneficiall a wo●k to the C●mmonwealth Jo. Browne Cleric Parliamentorum Upon the Bill in the Exchequer Chamber for establishing the possession against those seaven who brought their Actions at Law the Court upon severall debates and search of the presidents they made this Order following Mercurii decimo die Februarii 1646. WHereas in the Cause here depending by English Bill exhibited by Sir Thomas Abdy Knight and others Plaintiffs against James Mawe Gregory Tore William Bire Richard Mawe Robert Barnard William Tonge Thomas Medley and others the Tenants and Inhabitants of Epworth in the County of Lincolne Defendants upon hearing of his Majesties Sollicitor generall on the said Plaintiffs behalf concerning the stay of Suits by Action at Law brougbt by the said Defendants against Anthony Massingarb and others Plaintiffs in this Court claiming under his Majesties Title It was ordered by this Court the Eight day of this instant February That the Council on either part should attend this Court this day concerning the stay of the said Suits and that in the mean time the said Defendants were ordered not to proceed therein as by the said Order at large appeareth Now upon hearing of Mr Sollicitor Generall Mr Thorpe and others on the behalf of the said Plaintiffs and of Mr Gates Mr Ellis and others on the behalf of the said Defendants endeavouring to shew cause for the further proceedings in the said Suits at Law and upon producing of an Exemplification of a Decree of this Court for the setling of the quiet possession of the Lands in question and of the interest of his Majesty therein It is this day ordered by this Court That his Majesties Sollicitor generall shall proceed upon the said Bill in this Court with all convenient speed and in the mean time the possession of the Lands in question to be held in quiet by the said Plaintiffs as it hath been formerly setled by this Court and enjoyed at any time since the said Decree made And that the said Suits at Law shall be stayed by the Injunction of this Court untill the hearing of the Cause or that this Court give further order Upon which Injunction the Sheriff having a Writ of Assistance came with neer 100 persons to quiet the possession and set up the fences of the 4000 Acres first laid waste but then Daniell Noddell came with 400 men and forced the Sheriff with all his assistants to flie and then demolished what the Sheriff had before caused to be set up Then the Participants brought their Bill to hearing and during that time the said Inhabitants rise in tumults and laid waste the remaining 3400 Acres as in the Report The Council of State being informed of the continuall Ryots committed by the said Inhabitants writ the ensuing Letter to the Sheriff of Lincolneshire SIR WE are informed that there hath been severall Ryotous and tumultuous gatherings together of people in that County of Lincolne under some pretence about the Commons of Epworth which kinde of meetings ought not at any time to be suffered but effectually proceeded against as the Laws have directed that by the punishment of some others may be deterred from such like attempts but especially in such times as these a more diligent care ought to be taken to prevent such meetings of the multitude that may make use of other pretences to begin Insurrections and carry on designes to the interruption of the publike peace and danger of the Commonwealth You are therefore to keep a watchfull eye upon the confluence of people upon any feigned pretences whereby danger may probably arise and to make use of the power the Law hath put into your hand and intrusted you with to preserve the peace of the County And if you find that power not sufficient for that purpose you may desire assistance from such forces of the Commonwealth as shall be nearest you who are hereby ordered and shall have directions to give you such assistance as shall be necessary for your effecting that work whereby dangerous consequences may be prevented and delinquents against the publike peace may be brought to condigne punishment the people neverthelesse for such wrongs as they may have cause to complain of being left to prosecute their pretences in a peaceable and quiet manner in due course of Law where they may have right witeout making themselves Judges in their own Cases by such exorbitant and irregular courses Whitehall the 12th July 1651. Signed c. To the High Sheriff of the County of Lincolne These After these Orders and Letter before mentioned were made herein
yet the Inhabitants aforesaid ceased not to Ryot c. whereupon the said Participants petitioned the Parliament in the year 1651. which was referred to a Committee of the then Parliament the 10th of January following who upon full examination of the whole matter and Witnesses upon Oath on both sides made the Report following viz. THE REPORT OF THE Committee OF PARLIAMENT BY vertue of an Order of Parliament of the 10th of January 1651. we have taken into Consideration the Petition of the Participants in the Drainage of the Levell of Hatfield Chace and upon Examination of severall Witnesses upon Oath We finde That the Petitioners at the Expence of 175046lb or thereabouts did Drain and lay Dry about 60000 Acres of Land lying contiuguous within the Counties of York Lincoln and Nottingham which Land was not worth before 3 shillings 4 pence per Acre and made the same worth 10 shillings 12 shillings 16 shillings and some 20 shillings per Acre That in June 1642. the Petitioners had been in a quiet possession by the space of 10 years of about 7400 Acres of that Land lying within the Mannor of Epworth That in 1642. John Allen John Crosse Leonard Cowling William Spaven Thomas Noble James Stokeham Edward Baffendale Thomas Meggot Edward Wyldbore Edward Earle and William Wake Robert Hawksworth Thomas Thomkinson John Wilson William Carryer Robert Snell John Garland and divers others in a Tumultuous manner came into the Levell within the Mannor of Epworth and there brake down the Fences and put in their Cattle and destroyed about 160 Acres of growing Corn and Rapes and then divers of the Inhabitants of Haxey came in amongst them and continued Rioting from day to day till they had laid wast about 4000 Acres of the Drained Land and pulled down severall Houses thereon standing That about that time Captain Kingman since dead with divers others of the Mannor of Epworth pull'd up a Navigable Sass planted in Vickerdicke which cost the replanting 1500lb at the least That shortly after Thomas Peacocke Thomas Burton and divers others severall daies during the flowing of the Spring Tides forced open a Sewer called Snow Sewer planted upon the River of Trent for venting the waters out of the Levell and during the ebb shut down the inner doors whereby the waters could not get out this course they used till they had drowned about 8000 Acres of Corn and Rapes then growing and the Corn stacks generally half way with most of the Habitations by the space of Ten weeks That the Tenants thus expulsed from their Habitations complained to the Committee of Lincoln who gave them an Order to open the Sluce and let out the waters which Order being brought the said Peacocke Burton and others with Muskets defended the Sluce and refused to give obedience That in the year 1647. upon the Bill depending in the Exchequer exhibited by the Petitioners against the Inhabitants severall Orders were made for the establishing the possession with the Petitioners and Order given to the Sheriff to assist them and then Daniel Noddel an Attorney at Law Thomas Taukersby Robert Browne Thomas Hill of Epworth and Richard Jarvis of Owston with divers others to the number of 400 persons came upon the place Armed with Swords and Muskets to resist whereby those Orders were fruitless That the Petitioners being still kept out of their Possession brought their Bill to hearing then the said Daniel Noddel the Soliciter for these Inhabitants got in to his assistance Lieutenant Col. John Lilburn and Major John Wildman and while the Cause was hearing the Inhabitants began to Ryot on 3400 Acres which was yet kept up That upon Complaint thereof to the Court of Exchequer they sent an Injunction and a Writ of Assistance to the Sheriff to quiet the possession till the hearing of the Cause but in his presence the Fences are thrown down by multitudes and the Riotors by force fetch away the Tenants Cattle and Impound them and refuse to admit Replevins and force them to Redeem them at what Rate they please That the persons Acting in these last Ryots on the 3400 Acres were Thomas Hill of Epworth Robert Johnson Alexander Fox John Watson junior Thomas Glew John Johnson Richard Mane Constable Richard Procter Thomas Hallifax William Elmer John Artus Jehosaphat Tayler John Granger Peter Clerke of Belton William Robinson Thomas Bernard George Peacocke Jeffery Whitaker of Epworth William Whash of Belton John Brocke Samuel Clayton William Pepplewell junior Ralph Wray Alexander Fletcher Charles Laund Robert Young Robert Pycocke William Pycocke Robert Chesman Alexander Pitts John Foster John Pettyner Matthew Dale John Robson William Parkinson Thomas Granger John Hallifax Charles Tea●e Edward Hallifax William Swindall Henry Cleire Richard Rose William Thomson Robert Teale Richard Bernard Thomas Clearke Thomas Tayler Matthew Hallifax Thomas Davis senior John Davis junior Peter Bernard High-Constable John Bernard all of Belton William Whiteacre senior William White-acre junior Thomas Browne Alexander Mawe sonne of John Mawe John Clearke Alexander Clearke senior John Loughton Thomas Coggan sonne of George George Chapman Alexander Clearke junior John West George Cutforth Alexander Cutforth Alexander Chapman Thomas Loughton William Crashawe Robert Foster Thomas Stutting Richard Bernard Frances Isle Robert Willson George Wells Peter Chesman Richard Cockes and John Hall all of Epworth Simon Wright William Moody John Moody and Robert Moody of Belton Richard Tayler William Goldsmith Charles Kelsey Robert Barrow John Wells Gregory Johnson Thomas Travers Samuel Maggott Roger Philipson Robert Dawson Thomas Cooper Henry ●ayler William Barker Thomas Coggan and James Moody all of Haxey That the Tenants being thus Treated repair severall times to Michaell Mouckton a Justice of the Peace he refuseth to grant any Warrants or Pursue any Legal course for their preservation but on the contrary gives severall Encouragements to the Riotors and some of them being indicted at a Session for a notorious Ryot and found Guilty it was moved by some of the Justices that they should be fined 4 or 5 Marks apiece the said Mouckton moved openly that they should be fined but 6 pence and it was carried that it should be but 12 pence apiece That in February 1650. upon full hearing in the Exchequer a Decree was made for establishing the Possession with the Petitioners which was published upon the place in the presence of divers of the Inhabitants who having now gotten the influence of Lilburn Wildman and Noddel declared that they would not give any Obedience thereunto nor to any Order of the Exchequer or Parliament and said they could make as good a Parliament themselves some said it was a Parliament of clouts and that if they sent any Forces they would raise Forces to resist them and proceed to the defacing of the Church and within ten daies time the totall demolishing the whole Town of Santoft and other Houses thereabout to the number of 82 Habitations besides Barns Stables and other Outhouses pull down and break in pieces a Windmill and