Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	call_v	manor_n	1,554	5	10.4007	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

the things and Articles aforesaid be of effect and force in the Law as well to those which are generally named tenants and their heirs as those which shall have their estate or parcel of their estate And if in the Articles aforesaid there be any point which may have divers interpretations or intendments that it shall be taken to the best advantage of the names or of the tenants aforesaid and of their heirs or of those which shall have their estate and not otherwise In witness whereof the Parties aforesaid have interchangeably put their Seals Given at our Mannour of Epworth the first day of May in the year of the Reign of Edward the Third after the Conquest thirty three Now by the testimony of ancient Witnesses upon Record in the Exchequer it clearly appears that all things have gone according to this Deed within the said Mannor till now of late that the Projectors came in against Law neither did the Freeholders undertake to prosecute Suit for recovery of their right to the grounds in question without the advice of good counsel upon that Deed for they had the several opinions of Mr. Hale now one of the Justices of his Highness Court of Common Pleas and an Honorable Member of Parliament Sir Robert Berkley and Mr. Serjeant Maynard not acquainting any of them with the others opinion because they desired to ground a certainty of the validity of the said Deed in Law and the chief question which was put to them was Whether the Deed did debar the late King of improvement as he was Lord of the Mannor to which their several judgements were given that it did Mr. Hale giving it under his hand in writing yet extant thus I conceive saith he the Deed is a real discharge and bindes the Land into whose hands soever it comes and consequently the King cannot improve And he further adds That he conceiveth the benefit of this Deed extendeth to all the tenants as well those that are not named as those that are named and gives his reasons 1. Because the Lord cannot inclose against those that are named and consequently there can be no improvement against any And 2. That which he saith he doth principally rely upon is because it is a real discharge of the Waste of that liberty of improvement which the Statute gave him and though tenants be not a sufficient name of Purchase at this day in point of interest it is in point of discharge Matth. Hale Sir Robert Berkley gave his opinion thus I think saith he it doth if the Lord Mowbray had estate in Fee for as I conceive it is more then a Covenant and makes the improvement by the King unwarranted by Merton or any other Statute Ro. Berkley Mr. Maynard's opinion was that it past an interest and therefore the King could not improve against it Escaet de anno Ed. 3.43 pars n. 7. and so anno 6 R. 2. num 58. Now it is clear by several Inquisitions extant upon record in the Tower that the said Sir John Mowbray died seized as Lord of all the said Isle as also that the Mowbrays Dukes of Norfolk by a long-continued Race were Lords of the Mannor of Epworth The manner of keeping the Deed hath been in a Chest bound with iron in the Parish-Church of Haxey the greatest Town within the Mannor by some of the chief Freeholders who had the keeping of the keys which Chest stood under a window wherein was the Portraicture of Mowbray set in ancient glass holding in his hand a Writing which was commonly reputed to be an embleme of the Deed till now of late that the glass was broken down as appears also by the proofs in the Exchequer It appears also by other ancient Deeds before this Deed that the said Mowbray did make an approvement to himself of the said Wastes before he made the said Deed to the Freeholders Now as to the proceedings that have been within these nine yeers in the ordinary Courts of Justice the Freeholders give your Honours this brief but true account as followeth In Hilary-Term 1645. they commenced Suits at Law to try their right to the ground in question And in Trinity-Term following which was in the yeer 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 pretending Equity to stay those Suits at Law and to have the possession of the whole 7400 acres in controversie established with them In Michaelmas-Term 1650 the Cause came to full hearing till when the Freeholders were not permitted a Tryal at Law and the Decree thereupon made doth but establish the possession with the Participants as it was at the time of that Bill's exhibiting Where pray note that 4000 acres of the said 7400 acres in controversie had been then about five yeers before in the possession of the Freeholders And that Decree doth also give leave to them to go to a Tryal at Law And accordingly in Michaelmas-Term 1651. the Freeholders in pursuance of that Decree by special Order of the Court of Exchequer proceeded to a tryal at the Bar of that Court and had a Verdict Judgment and Execution for them in the name of Thomas Vavasour a Free-holder and owner of an ancient Capital Messuage and Land within the Mannour of Epworth called Belwood and a Gentleman of an ancient Family Son of Henry Vavasour Son of Thomas Vavasour the Grandfather Son of Henry Vavasour the Great Grandfather who married Joane one of the Daughters of Robert-At-Hall to whom by Partition made between her and Elizabeth and Mary her Sisters the same place called Belwood did come Robert At-Hall was Son and Heir to Oliver At-Hall who was Son and Heir of Margery one of the Daughters and Coheirs of Thomas Beltoft and Emot his Wife to whom by partition with Elizabeth her Sister the said place called Belwood came Emot was Daughter and Heir to Richard de Bellewood who is one of the eleven specially nameed in the said Deed of Mowbray and lyeth intombed in the Parish-Church of Belton within the Mannour of Epworth in a Tomb called Belwood-Tomb so as it is clear the said Thomas Vavasour in whose name the Free-holders had their Verdict hath both the same estate that Richard de Bellewood now about 300. years since had derived to him by Deeds under Seal and is also of blood unto him lineally descended from him This was the first Tryal that the Freeholders could ever obtain in twenty years time at which Tryal it did also appear by the testimony of ancient Witnesses that they had as well Common in Gross as Common Appendant which certainly makes the improvement by the late King still more illegal And two things are observable touching that Windmill mentioned in the Act of Oblivion wherein the Inhabitants are exempted from Mercy as touching the pretended Riots committed in the Isle of Axholm The f●rst is that it was taken in Execution at

behalf of themselves and others Sheweth THat the Petitioners and those under whom they claim did about twenty years since at the expence of neer two hundred thousand pound drain and lay dry sixty thousand acres of ground in the said Level then drowned and of small value and made the same worth 10s 12s and 16s the acre And as a recompence for their said charge hazard and travel in so publique a work the proportion of about 24000 acres of the said Lands whereof 7400. acres of the wasts of the Mannour of Epworth was part was setled upon them by (a) (a) This is a falshood for they have no assurances good in Law neither durst they produce any at the time of the examination good assurances in the Law as will appear to your Honors 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 enjoyed the same for many years and divided improved and planted the same and in particular upon the 7400. acres of Epworth built a (b) (b) This Church is yet unpaid for Bedloe the man that built it was undone by it Church and about 160 (c) (c) Houses more like Dogkennels then for men to live in habitations and have constantly paid the Rent of 1228l per annum which was then reserved upon the said whole proportion and now payable to the State for ever That in the year 1642. in time of the War some of the Inhabitants of the Mannour of Epworth by the instigation of one Daniel Noddel an Attorney at Law did rise in tumults and laid wast about 4000. acres of the said 7400. acres demolished the buildings and destroyed the crops of Corn and Rapeseed growing thereupon for redress whereof and establishing their possession the Petitioners exhibited their (d) (d) This is another falshood for the Bill was not exhibited till Trinity-Term 1646. When the Free-holders had had possession four years before and had commenced their Suits at Law for the recovery of the rest 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 (e) (e) They never had any Order of Parliament but out of the House of Lords upon a supposed Riot which being heard at the Bar of the Lords House the Parties complain'd against were dismist and are now for that very thing complain'd of again who were pleased to make several Orders therein for relieving the Petitioners which likewise were contemned and the Petitioners by force still kept out of the said 4000. acres That the Rioters seeing them go unpunished for their former insolencies and rebellions against the Law and Government of this State and having now got the countenance of Lieutenant Colonel Lilburn and Major Wildman did in October 1650. whilst the cause was hearing in the Exchequer rise in tumults and destroy'd the Corn and Crops growing upon the residue being about 3400. acres of the said 7400 acres whereof the Court being informed granted a (f) (f) This Writ gave no power to the Sheriff but against such as were Parties to a Decree in the Exchequer in the twelfth year of the late King which Mr. Gibbon dare not produce and those which then put down the banks did it in a peaceable and legal nay and were no parties to that Decree Writ of Assistance to the Sheriff to quiet the possession who comes upon the place and is there resisted and in his presence the Fences thrown down In Hilary-Term 1650. the Court upon full hearing (b) (b) This is also a falshood for the Decree doth leave 4000. acres of the 7400. with the Freeholders for it doth but establish the possession as it was at the time of the Bills exhibiting which was but in 1646. decree and establish the possession with the Petitioners which Decree coming to be published on the place having now the influence of Mr. Lilburn these Rioters with high and reproachful language contemn it and being advised to give obedience or else the Parliament must be acquainted with it they answered That it was a trayterous Order and that they would obey neither Barons nor the Parliament and that they could make as good a Parliament themselves and that if the Parliament sent Forces against them they would raise Forces and resist them and then proceed to demolish the houses of the Town of Santoft with a (c) (c) And was not the Windmil and all the houses worthy to be removed though not in that manner when there was neither Law nor equity they should stand Alas poor Commoners the fault if any was in this that after twenty years time you could have no tryal and Mr. Gibbon saying you should never have any so long as you were quick I say your fault if any was in this that you did it in so great a number Windmil and deface the Church all built by your Peti ioners and their tenants Then your Petitioners applied themselves to the Councel of State who were pleased to send an Order to the Sheriff of the County of Lincoln on the Petitioners behalf but during these transactions the Rioters in contempt of Authority and Law break the houses fetch away the tenants Cattel and impound them and would admit of no (d) (d) The Participants dare not try the cause either by Replevin or otherwise Replevins but forced them to redeem them at what rate they pleased and proceeded to demolish both houses and Barns and all other buildings and destroy all the Corn there growing and fetch away the materials of those buildings by force to the (e) (e) What dammage can be done to those that have no title dammage of the Petitioners and their Tenants in the whole 40000 l. besides the dammage to the Commonwealth in general by destruction of so many habitations and Plows for tillage and husbandry The whole proportion of 7400. acres within this Mannour being thus laid waste the said Lilburn Wildman and Noddel with divers of the Rioters ride and view it and then they make (f) (f) I refer this to the contradiction of the Participants own Witness in the Depositions and upon a fair examination shall produce many Witnesses that there was no such agreement And how Mr. Say in that point wrested the testimony of some agreement with divers of the most notorious Rioters that for 2000. acres of that Land to be given to Lilburn where he would make Election and 200. to Noddel they would defend them against all Fines and other troubles concerning the Riots before mentioned and defend them against these Petitioners for the other 5200. acres And presently after this they took the same 2200. acres into their possession worth at least 1600 l. per annum and so made

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 Possession of the said Free-holders ancient Inheritance in their commonable grounds there contrary to Law Humbly presented and desired to be perused London Printed in the year 1654. 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 THe business of the Isle of Axholm under the notion of a Riot hath been rendred famous by that exception in the Act of Oblivion of the late Parliament of the Commonwealth of England wherein there is an exemption from pardon touching the pretended Riots committed in the said Isle as also by the proceedings that have been upon a Petition of certain Undertakers who call themselves Participants in the Level of Hatfield-Chase prosecuted by Mr. John Gibbon the visible Prosecutor for himself and his Fellow-Participants which Petition was by that Parliament referred to a Committee thereof and from thence strange proceedings have grown and by high crying up of a Riot and noysing it all abroad the whole case of the Isle of Axholm is misrepresented and endeavoured to be rendred odious though as just honest and warrantable by the Law of England in point of Title at Law or matter in equity touching the grounds in controversie as any and therefore because the Free-holders there foresee some reports drawn up concerning the Mannor of Epworth in the nature of a Riot attending a Bill to be brought into Parliament for settlement of Hatfield-Chase by an Act of your Honors they humbly crave leave to acquaint you that there is no report cometh or made that mentioneth their Title at all to the grounds in question neither that truly ●●●eth the equitable part as indeed it is but are drawn up and dressed in the ugly form of a Riot to gain a possession with all advantage to the Participants on purpose excluding the Title and proceedings that have been now within these nine years in the ordinary Courts of Justice and to remove a possession of thirteen years now late continuance from the ancient and true owners the Free-holders who are now legally invested in it to give it to those that never yet legally had it and therefore in order to the discovery of the whole truth in this business of the Isle of Axholm it is necessary to be known that there are about 60000. acres said to be drained ground lying contiguous within the several Counties of York Lincoln and Nottingham and that the grounds in controversie are 7400. acres lying in the Mannor of Epworth in the County of Lincoln onely and not extending into or being parcel of Hatfield-Chase and the rest of the grounds in the other Counties It is also necessary to know the situation of the Mannor of Epworth which lyeth in length about six miles having Hatfield-Chase and divers other wasts parcel of the said 60000. acres and belonging to other Mannors on the West and the River of Trent adjoyning and running all along towards Humber on the East so as by consequence as well as by Proof in the depositions it appears that without cutting through the Mannor of Epworth Hatfield-Chase and the other wasts lying on the West could not have been drained and therefore the Participants did but at their first coming into those parts desire to cut through the Mannor of Epworth without any further or other incroachment upon the Inhabitants there for drawing the waters into the said River of Trent through the said Mannor to drain the said Chase And although the Free-holders had such a right in the said grounds within the Mannor of Epworth as hereafter will appear could not by Law be improved against by any Lord of the Mannor yet upon the draining of the said Chase and the other Mannors lying on the West of Epworth the Participants by colour of the late Kings illegal Patent did about twenty years since by force of Arms murdering some and wounding and imprisoning others of the Commoners violently enter upon their said grounds and have for divers years much abused and grievously oppressed them forcing from them the said Lands being the Free-holders ancient inheritance and lying without the said Level of Hatfield granted to them about 300. years since by a former Lord of the Mannor in confirmation of the ancient right which the Free-holders in those times had for it is observable that the Deed makes mention that at that time they had had right in those grounds time out of mind and these Participants detained the same Lands from them in the times of tyranny by means of the Councel-Table and Star-Chamber not suffering the Commoners to enjoy the benefit of the Law yet some of the said Participants by their Agents so much abused the Commoners that even in those times some of them were censured in the Star-Chamber to stand in the Pillory and by duress of imprisonment sore Fines issues estreated threats and menaces against the Commons and bribery for they bribed the Sollicitor with 80. l. some few of the Inhabitants the major part and those of the most considerable being free were forced to subscribe to Papers the Contents whereof many of them never knew as they answer upon their oaths in the Exchequer but the substance thereof indeed was that they should stand to the award of the Kings Attorney-General whose award without hearing the merits of the cause was ratified and confirmed by the Decree of Court of the Exchequer in the twelfth year of the late King as by the Decree it self if Mr. Gibbon durst but shew the inside of it would appear for further then the outside of it it hath not be shewn to any Committee and yet there is some mention made of it in the late Councels Order wherein Mr. Gibbon was certainly beholden to the Clerk that drew it as if that Decree should hold place notwithstanding the Participants own last Decree of the 10. of Febr. 1650. and the Free-holders verdict at Law to the contrary Now though Mr. Gibbon cannot abide to hear of the Title and the proceedings that have of late been at Law in this business thinking to dam all up with the noyse he hath made of a Riot and though the Title hath hitherto been refused to be heard or medled with by any Committee of Parliament yet the Free-holders rely upon that as their main strength and do look upon your Honors as the only refuge they have under God to preserve their rights according to Law from the violation of those that against Law endeavour to usurp a possession and having several rights to the ground in question as not onely common appendant but also common in gross though the former be certainly

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