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A52385 To the Parliament of the Commonvvealth of England, and every individual member thereof The declaration of Daniel Noddel solicitor for the freeholders and commoners within the mannor of Epworth, in the Isle of Axholm, in number about 1200 besides new erected cottages, on the behalf of himself and all the said commoners: discovering the plot and design of Master John Gibbon and his fellow-projectors to gain a posession of the said freeholders ancient inheritance in their commonable grounds there, contrary to law. Noddel, Daniel. 1653 (1653) Wing N1217A; ESTC R219026 22,788 34

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score of a Ryot committed by some few of the inhabitants upon which petition the report of Master Say and Master Darley which is to come before you is grounded The Freeholders title is as followeth The Freeholders and Commoners within the Mannor of Epworth in the Isle of Axholm have time out of minde had common appendant to their several tenements for all manner of cattel levant and couchant thereupon at all times of the yeer in and through all the wasts and commonable grounds 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 sometime Lord of the said Isle having made an approvement of a great part of the said grounds to himself as Lord did about three hundred yeers since grant unto the Freeholders 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 honour of Brember of the one part Rawlin of Brumham William of Brumham Roger of Brumham John of Thetilthorp Thomas Melton Jeoffery Laundels Vincent Bavant John Gardner John Cutwulf Rich. 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 John Thomas Jeoffery Vincent John John Richard and John Tenants aforesaid to their heirs 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 Jecffery Vincent 33. Ed. 3. Note that at that time the Freeholders had had Common time out of mind 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 minde And also that the aforesaid Rawlin William Roger John Thomas Jeoffery Vincent John John Richard and Joan 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 yeer 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 wastes for to cover the ridges of their houses and walls and for bringing of Trees to repaire the river of Trent where cause of repairing is and to make them new And that the said Rawlin William Roger John Thomas Jeoffery 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 grieved 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 Ministery 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 recovery at the common law And that the aforesaid Rawlin William Roger John Thomas Jeoffery 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 wastes 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 wastes 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 amerciable 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 Vnderwood to make them new hedges or to repair them as much as shall be necessary That is to say _____ This blank place cannot be read in the Deed. in the places of the said Woods _____ of the said Tenants their heirs and of those which shall have their estate without being impeached
it worth fifteen shillings and twenty shillings an acre per ann and ten shillings an acre one with another throughout 2. That it did feed all manner of Cattel fat for the Butcher 3. That the very best ground was taken from the Commoners 4. That the Freeholders cannot keep half the cattel winter and summer Thomas Tailor Thomas Farr Isaac Chapman Thomas Todd Thomas Philips William Maw John Brown Robert Dyneley Esq John Clarke John Jervise and others levant and couchant upon their several tenements as they could before that pretended draining 5. That they are compelled to joyst their cattel out in foraign places and to turn their Meadow grounds into pasture 6. That divers of the Freeholders sold their estates in the Isle and provided themselves habitations elswhere in foraign places meerly because of oppressions in these particulars 7. That the Participants have taken away the very heart of the ground 8. That the South part of the Mannor of Epworth left to the inhabitants is as subject to be surrounded with waters since the pretended draining as it was before 9. That the ground before the draining was better in Summer for the overflowings of waters that had been in Winter 10. That the Participants at their first coming into those parts did but desire to cut through the Mannor of Epworth to drain Hatfield Chase and many other Mannors that lye on the West of the said Mannor Thomas Farr Timothy Ellis Clarke Thomas Todd and Thomas Tailor into the river of Trent that runneth on the East And that without cutting through the Mannor of Epworth Hatfield Chase and those other Mannors could not be drained 11. That when the projectors gained their possession divers of the Commoners were murdered and shot to death Timothy Ellis Clarke Iohn Tompson William Wells Thomas Farr John Francis and terrified and affrighted from their habitations by Serjeants at Armes and Pursuivants and inforced to lye in the fields under hedges and many wounded 12. That the Participants have been at no more charge in the Mannor of Epworth then cutting a drain of four miles Thomas Tailor Thomas Todd And that they have stopped up some ancient Sewers that were as useful in the Mannor And now grave Senators though the business be clear in law for the Freeholders and that there should be also all the equity that could be imagined for them in it yet if Master Say have been such a man to mince conceal omit and wrest the testimonies of the Freeholders witnesses in the depositions either as he was Chaireman in the first penning of them or in the returning of them in to the honorable Committee of the Councel of State and withholding any essential writings or denying any to be made out that ought and was offered by the Freeholders to have been made forth in this matter which the Freeholders doubt not but to prove having once copies of depositions as Master Gibbon long since had from Master Say I say in this case though the case was never so good and before never so righteous Judges yet being lodged in a report so partially and wickedly drawn up as this of Master Darley is and presented to your honors in no other shape and form then Master Say hath drest it I cannot but see how ruine and destruction should unavoidably fall upon those that before God and in the eye of the law are clear And therefore I beseech you blame me not though I have presumed thus to write for it concerns many thousands men women and children for whom I have been intrusted now almost eight yeers as Solicitor and it concerns also my self for this cause sake very neerly as your honors may perceive by that last plotted and contrived device of Master Gibbon and his participants when it was clear that neither law nor equity would relieve them in their petition to the late Parliament which followeth verbatim To the Supream Authority of this Nation the Parliament of the Common-wealth 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 whose names are hereunto subscribed on the behalf of themselves and others Sheweth THat the Petitioners and these under whom they did claim did about twenty four yeers since at the expence of neer two hundred thousand pounds drain and lay dry sixty thousand acres of ground in the said Level then drowned and of small value and made the same worth ten shillings twelve shillings and sixteen shillings the acre And as a recompence for their said charge hazard and travel in so publike a work the proportion of about twenty four thousand acres of the said lands whereof seven thousand four hundred acres of the wasts of the Mannor of Epworth was part was settled upon them by good * * Note that the Participants notwithstanding this durst not produce either their Patent or any other pretended assurance at the time of the examination neither were the Freeholders suffered to make forth their title done by it assurances in the law as will appear to your honours 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 injoyed the same for many yeers and divided improved and planted the same and in particular upon the seven thousand four hundred acres of Epworth built a Church † † This Church is yet unpaid for the man that built it was un and about one hundred and sixty habitations and have constantly paid the rent of 1228 l. per ann which was then reserved upon the said whole proportion and now payable to the State for ever That in the yeer 1642 in time of the war some of the inhabitants of the Mannor of Epworth by the instigation of one Daniel Noddel an Attourney at law did rise in tumults and laid wast about four thousand acres of the said seven thousand four hundred acres demolished the buildings and destroyed the crops of corn and Rapeseed growing thereupon for redress whereof and establishing their possession the petitioners exhibited * * This bill was exhibited for stay of the Freeholders suits at law in Trinity Term 1646. when the Freeholders had had possession above four yeers before their 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 who were pleased to make several Orders † † They never had any order of Parliament but out of the House of Lords upon a supposed Ryot which being heard at the Lords Bar the parties complained on were dismist and are now for that very thing complained on therein for relieving the Petitioners which likewise were contemned and the petitioners by force still kept out of