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