Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	king_n	lord_n	tenant_n	3,351	5	9.8475	5	true

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

included in the latter they humbly lay down their several Titles as followeth and first as to common appendant The Free-holders and Commoners within the Mannor of Epworth have time out of mind had common appendant to their several Tenements for all manner of Cattel Levant and Couchant thereupon at all times of the year in and through all the wasts and commons 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 somtime Lord of the said Isle having in his time made an approvement of part of the said wasts to himself as Lord did about 300. years since grant unto the Free-holders 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 Honor of Brember of the one part Rawlin of Brumham William of Brumham Roger of Brumham John of Thetilthorp Thomas Melton Jeoffrey Laundels Vincent Bavant John Gardner John Cutwolfe Richard 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 and John Thomas Jeoffrey Vincent John John Richard and John tenants aforesaid and to their Heirs and 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 Jeoffrey Vincent 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 mind Note that 33. Edw. 3. the Freeholders had then had Common time out of minde And also that the aforesaid Rawlin William Roger John Thomas Jeoffrey Vincent John John Richard and John 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 year 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 wasts for to cover the ridges of their houses and walls and for bringing of trees to repair the river of Trent where cause of repairing is and to make them new And that the said Rawlin William Roger John Thomas Jeoffrey 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 troubled 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 Ministers 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 remedy at the Common Law and that the aforesaid Rawlin William Roger John Thomas Jeoffrey 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 Wasts 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 Wasts 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 amerceable 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 under-wood to make them new hedges or to repair them as much as shall be necessary that is to say Age hath worn out the words in this blank _____ in the places of the said Woods _____ of the said tenants their heirs and of those which shall have their estate without being impeached or grieved by the Ministers of the said Lord Sir John Mowbray And the said John granteth for him and his heirs that all

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

defence say That the Lands before the draining fed Cattel fat for the Butcher but the Witnesses being cross interrogated say that it was overflown with water in Summer before the draining and that in May June and July and all the Summer long they took Fish there in several places unless in a very dry Summer 2. They also say that Snow Sewer was pulled up to defend the Isle from the coming of Sir Ralph Hansby then of the Kings Party 3. They also say That the Sass was pull'd up by the command of one whom they knew not but he told the Inhabitants he was a Captain of Sir John Meldrums Those three Heads are all that Mr. Say hath reported Now the Free-holders humbly beseech your Honours to note but how he hath darkened and imprisoned the truth in all those three Heads As to the first It plainly appeareth by those nine Heads before mentioned to be by him omitted in his report And as to the second and third was it not plainly proved that the inhabitants of the Isle rose in Armes for the Parliament raised two Foot-Companies and maintained them at their own charge for them and that what was done as to the Sewer and Sass was clearly for the Parliaments service and by command And was it not offered to be proved by the Free-holders but denied by Mr. Say that the Participants raised upon this Level a Troop of Horse for the late King against the Parliament and how they hazarded the life of the late-brave General now Lord Fairfax being upon his return thorow that Level in his sad condition from Adderton-Moor by taking up the Bridges and preventing his passage in those parts Now as touching matter of Riot if it be put to the question between God and the Conscience who have been the grand Rioters in the Isle of Axholm that is Whether the Participants that came in against Law when divers of the Commoners were murdered and shot to death and many wounded who did but turn again as worms trod upon will do in the just defence of their undoubted Right of possession which was wrested from them by Councel-Table and Starchamber-Orders their persons many of them imprisoned and many enforced by Pursuivants and Serjeants at Arms to lie from their habitations in the fields under hedges having their houses broken to be apprehended being usually termed Rebels and threatned to be hanged at their doors and plagued with multitudes of Starchamber-Proces some forced to flee out of the Kingdom at that time having their goods illegally distrained and sold for Issues estreated our of the then-then-Kings Bench others to sell and mortgage their Lands to purchase an unjust peace against the villanous tyrannical and forcible entries intrusions arrests and imprisonments brought upon them by the said Participants contrary to Law And their possession thus forced from them was as unjustly detained for divers yeers Whether therefore now the Participants or the Inhabitants be the Rioters who all along have desired Tryals at Law but could not have them nay Gibbon himself several times saying as is proved they should never have any so long as they were quick Certainly let but Self-interest be laid aside and Conscience must needs conclude the Participants to be the Rioters and the cause both of former and late disturbances And Mr. Gibbon and his first fellow-Participants in these parts or whosoever they were that had their hands in these horrid things are well they have hitherto escaped the Rope for committing such unparallel'd actions against the Law All which notwithstanding be pleased to see the impudence of him how under the notion of Riots he condemns the Parliaments service and seeks to gain damages to himself even as for Riots though things done for the Parliaments service And his good old chapman and friend Mr. Say in the drawing up his Report hath helped him all he can To instance one particular let his Report it self about the middle thereof shew his partial dealing where he saith touching the possession That upon full hearing of the Cause the possession was established with the Participants whereas it is but established as it was at the time of the Bill Wherein he tells the truth but not the whole truth as appears by the very Decree it self of Feb. 10. 1650. which also gives way to the Freeholders to go to Tryal at Law and they accordingly had a Verdict and both were returned in to Mr. Say as Chair-man but he in stead of sending them in to the Councel lets them lie in the Clerk's hands and by delusion hath caused others honourable persons to approve of his Report and to certifie their opinions against the Freeholders possession answerable to the Participants designe which is to reach the possession in the grounds in question and fetch away the same by your Honours extraordinary power upon the score of a pretended Force committed by the people and to make null or at least drown all mention of the proceedings that have been at Law and take away the benefit of the Free-holders Verdict under pretence it was but a Verdict by default whereas indeed the Participants can never make any good Defence and therefore seek holes and corners and cover their naked Title with excuses no better then fig-leaves For was it not a Verdict at the Bar nay at the Exchequer-Bar too and by special Order of that Court after a tedious Suit in Equity upon the Participants own Bill fully heard And were not their Counsel at Law all present But if this be not answer sufficient it is offered to be tried again and again Now what is it that these Participants would have If it be but as they at first desired to cut thorow the Free-holders grounds to drain Hatfield-Chase the Freeholders are not against it for they desire to do the Drainage no hurt nor ever did but to yeeld the Participants an Inch and they to take an Ell this the Freeholders deny for they under your Honours favour will cut out their own Cloth themselves and improve the grounds both for the good of the Commonwealth and themselves And for any charge that the Participants have been at within the Mannor of Epworth although it might be answer sufficient that they did it for their own ends yet upon a just Account the Freeholders will allow them for every peny two-pence out of the profits which the Participants have received and taken and when that is done they must needs be still great debters to the Free-holders For as to the great charge that the Participants pretend they have been at in the whole Drainage let them take it again upon the whole Drainage where they laid it forth for they prove no particular charge they have been at that way within Epworth And as to Damages what damages ought to be given to those that have no Title nor have made any Improvement in the grounds and if no Improvement this turns the scale of recompence to be given to the