Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	die_v	john_n	sir_n	12,112	5	5.7810	4	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

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