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A88160 The case of the tenants of the Mannor of Epworth in the isle of Axholm in the County of Lincoln. Truly stated in brief by Lieu. Col. John Lilburn, and others of the free-holders there, on purpose to inform every man in the justice and equity of their case. And to prevent the many mis-informations of M. John Gibbons, and the drainers, and their participants. Lilburne, John, 1614?-1657. 1651 (1651) Wing L2086; Thomason E644_8; ESTC R206050 5,705 7

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THE CASE OF THE TENANTS OF THE MANNOR of EPWORTH In the Isle of AXHOLM in the County of LINCOLN Truly stated in brief by Lieu. Col. John Lilburn and others of the Free-holders there on purpose to inform every man in the justice and equity of their Case And to prevent the many mis-informations of M. John Gibbons and the Drainers and their Participants IN the year 1626 the Tenants of the Mannor of Epworth were seized of a right of Common of Pasture appendant to their Free-holds and of Turbury in all the wast grounds belonging to that Mannor which had descended to them as their Inheritance with their Free-holds the same having been enjoyed successively by the Tenants of the said Mannor for above three hundred years by vertue of a Grant from one John de Mowbray Lord of that Mannor in the Reign of Edward the third and it is most undoubted in the law that the Lord of a Mannor cannot improve any Commons or Wasts where the Tenants enjoy Common appendant to their Free-holds by Grant Yet the late King about the said year 1626. preten●●ing to improve the Wastes of the said Mannor by colour of the Stature of Merton agreed with Sir Cornelius Vermuden to undertake the w●●k of Draining the Wasts of the said Mannor and it was conditioned that he should begin the work within three moneths after the late Kings Commissioners had agreed with the Tenants and Commoners of the said Mannor for their right whereby it was consessed by the late King that he could not improve the said grounds untill the Commoners had consented The late Kings Commissioners treated with the Tenants of the said Mannor and demanded 7400 Acres of their Commons but the Tenants would not consent to draining on those tearms being unwilling to part with their ancient Inheritance those Commonable grounds being extraordinary good for Milch Kine and feeding fat Cattel and breeding young Cattel though not for Corn and the greatest part of those grounds being much the better for grass for the over-flowings of water in the Winter and worth more to remain for grass then to be plowed for corn But Sir Cornelius Vermuden and the Participants having purchased of the late King the Mannor of Hatfield and endeavoured the draining the Level of Hatfield Chase and the Wasts of 14 Mannors ad acent to the Mannor of Epworth and as they confess in their late Petition to the Councel of State having spent 100000 l. in draining those Mannors which they say must all have been lost if Sir Cornelius Vermuden had not drayned through the wast Lands of the said Mannor of Epworth therefore they were not content with the liberty of cutting their drains through the grounds of Epworth Mannor But the late Kings Commissioners agreeing with the Drainers would without the consent of the Commoners of the Mannor take from the Commoners above 7400 Acres out of 13400 Acres under pretence that they had drayned their Commons for them whereas in truth as they are forced to confess to the Councel of State they were forced to drain all the wast grounds of the other 14 Mannors through the Mannor of Epworth and cut not one drain for draining Epworth wasts yet they would and did take by violence from the Commoners neer eight thousand Acres and called them seven thousand four hundred and set out for themselves all the best ground most part whereof before any drayning was worth sixteen shillings by the Acre yearly to have been let and they left to the Commoners only the worst ground and the drainers entred by force upon part of the said 7400 Acres Yet the Commoners used all lawful means to preserve themselves in their ancient possessions and when the drainers had inclosed some of their Commonable grounds they still put in their cattle and when they were imponded they brought their lawful Writs of Replevin that they might try whether they were Trespassers or not But the Barons of the Exchequer by their Order of the 21 of Novemb. in the tenth year of the late King being 1634. caused all suits of the Commoners upon Writs of Replevin to be staid and the Sheriffs were commanded to forbear all proceedings upon any Replevins that should be brought by any of the Commoners whereby they were without hope of any relief by the law to recover their right and being so desperate they strived to defend force with force and so to keep their possession but the drainers under pretence of the late Kings authority still increased their force and violence against the Commoners to take away from them the whole 7400 Acres and the Commoners endevouring to defend their own possession were by the Tyranny and injustice of those Times condemned as Rioters and Forces brought against Them by the Sheriff who killed some of them and wounded others in taking their possession from them and then the Drayners brought the Commoners into the Star-chamber and Indicted them in the then Kings Bench and caused Fines of many Thousand pounds to be set upon them as Rioters and so vexed Them with Pursevants That many of them durst not adventure to lie in their owne houses but hid themselvs in the fields to save them from Imprisonment And the Commoners being thus persecuted and under such cruell vexation and Tyranny some of Them were perswaded to submit Themselves to such Order in the Case as the Kings Attorney General should make and to yeeld obedience to the Orders of the Star Chamber and Injunctions of the Court of Exchequer and were promised That therupon they should be free from the Fines and Issues returned against Them and some of Them so submitting in fear of their utter undoing The Barons of the Exchequer to draw or rather force the rest to submission Ordered upon the 13. of February in the 11. year of the late Kings Reign being 1635. That the Sheriffs of the County of Lincoln should forbear to Levy any the said Issues and Dammages upon the Lands and Tenements Goods and Chattels of Ezech●as Brown and severall others that had submitted thereby Terrifying every man that would not submit to have his Goods and Chattels distreined for Issues that farre exceeded their Estates And thereupon the Drayners Bribed the Commoners Solicitor with Fourscore pounds and then he Told the Commoners that had not submitted That they could not any way preserve Themselves from the Issues to be Levied upon Them but by subscribing to a Note wherein they should promise to submit to such Award or Order as the then Kings Attorney Generall should make in the Case and in feare of ruine some few did then subscribe to such a Note not knowing as many of Them have since answered upon their Oaths in the Exchequer unto what they did subscribe and then the Drayners procured an Order of the Exchequer of the Thirtyeth of May in the Twelfth year of the late King being 1636. That whatever end or Order the Kings Attorney Generall should conceive or make in the