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 [Page 2] 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 [Page 3] 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 Case, should bee confirmed by the Decree of that Court.
And the Drayners having as aforefaid by cruell usage of the Commoners: and Terrible Threats and Menaces procured [...]me subscriptions to a Note of submission to the Kings Attorney Generals Order in the Case, they increased the number of Names, by writing the same Mens name Twice. Thrice, and some Four times over, and by adding the Names of about Fourscore that had no right to the Man or of Epworth, and so multiplyed the number of Subscribers to 370. And then procured in the 12 Year of the late King a Decree in Exchequer, as if it had been by consent of Parties, That the Drayners should enjoy and bee [Page 4] setled in the possession of the said 8000 acres, called by the name of 7400.
Now under colour of that Decree, the Drayners did enjoy the said 7400 Acres about Ten years, untill 1643. and about 4000 Acres therof they enjoyed about Eight years more, until 1651. 'Tis true indeed, the Commoners being in Armes for the Parliament in 1643. did take advantage of the Time; and as they had been put out of possession by force, and could not through the Tyranny of those Times have any Legall Remedy; so by force they put Themselves into possession again of above 3000 Acres: Yet in 1646. the Warr being over, the Commoners intended to recover their Right legally, or els legally to have been evicted; and therefore in severall of their Names commenced their Sutes against the Drayners Tenants, on purpose to try the Title to those Grounds; but the Drayners not daring to abide the Test of the fled law, in to the Exchequer-Chamber by a Bill of Equity, and procured Injunctions to stop the Commoners proceedings at Law to try their Title, and there on purpose to vex and weary out the Commoners by delays and expence, they kept Them in continuall trouble until this year 1651. some of the Drayners boasting, That the Commoners should never have a Tryall at Law.
And it must be confessed that some of the Inhabitants in the Isle of Axholm, especially of the poorer sort, conceiving Themselves highly injured by such unsufferable delays and charges in that vexations Sute for pretended Equity, were impatient, and took their possession of the whole by force of multitudes, as they lost it by force, and in their rage the multitude did foolishly throw down many poor houses, that the Drainers had built for their Tenants upon the inclosed ground (but that folly of the multitude none of the most discreet Commoners and tenants of the Isle do justifie) yet the chief tenants of the Manor finding the ground to be left free from any of the drainers tenants, have quietly and peaceably entred upon their ancient Commons, and desire nothing but a legal trial, which the Honourable Barons of the Exchequer have Ordered to permit, after five yeares waiting for it, and a Jury is come out of Lincolnshire on purpose, and do attend the trial daily, though the Drainers endeavour by all means possible, either by favour, or pretence of riots committed by some of the Commoners, or power of the Atturney General, or any other ways to prevent the Trial; and the Commoners are, and shall be ready and willing to submit to the judgement of the law in the Case.
But the Drainers object against the Commoners, two things.
First, That they have made an improvement by draining the Wasts and Commons of the Mannor of Epworth, and that it will be a great prejudice to the Commonwealth, to suffer the improvement to be lost.
To this the Commoners answer, That the Drainers by cutting through the Mannor of Epworth, to drain fourteen adjacent Mannors, have made some of the Commons of Epworth Mannor, fitter for corn then formerly, though upon considering the whole matter, that is, the [Page 5] profitableness of that ground for grass all the Summer (Cattel of all sorts being commonly fed fat upon it for the Butcher) and the profit that the Commoners had by the Navigation upon the River Eidle, and the profit of fishing and fowling: It is very doubtfull upon the proofs, whether there hath been any improvement made of those grounds to a greater profit then formerly; but the Commoners are of opinion, that considering the loss of the Navigation upon the River Eidle, there is less profit to be made upon the grounds now by corn, then could have been made formerly by feeding cattel.
Yet the River Eidle being now destroyed, and the old Drains also stopped up, the Commoners conceive that the new Drains that they have cut through the Mannor of Epworth, for the draining Hatfield Chace and other Mannors, must be maintained to keep the Commons drie; and therefore the Commoners are resolved to contribute their share to maintain the Drains; and for that purpose the Trustees chosen by the Commoners, have contracted with some Freeholders of their own Mannor, to undertake for their own share, to maintain the Drains and to drain some other of their Grounds for them, and have for that purpose allotted 2000 acres of ground to those Free-holders that have undertaken the work (though they did offer the Drainers 4000 acres to do the same work for them, and to have been at peace with them, and they refused it) so that the Commoners are resolved to keep up the improvement, if any be, to the best advantage of the Commonwealth.
2. Tis Objected that the Drainers have spent a vast sum of money in draining the Commons of Epworth Mannor, and so ought in equity to enjoy some part of the Grounds for their satisfaction, though the Commoners have Common by grant, against which they could not have improved.
To this the Commoners answer, that the Drainers never expended one penny upon draining the Commons of Epworth Mannor; the two Drains that they cut through them, being cut on purpose for carrying the water from 13 [Page 6] Mannors, besides Hatfield Chace into the River of Trent, and their Charge not being augmented, either in cutting those Drains deeper or wider for draining Epworth Mannor; and the drainers confessed lately in their Petition to the Counsel of State, that they had expended 100000 l. in draining other Mannors before they begun with Epworth, and that they had lost all their cost, if they had not cut through Epworth Mannor to vent their water into Trent; yet Mr. Attorney Generall still tels the Barons that 150000 l. is spent upon draining the Mannor of Epworth; as if all had been spent upon that; when in truth not one penny hath been spent upon that only, nor in relation at all to the draining of that Mannor, though they cutting their drains for Hatfield Chace through Epworth Mannor, by accident 'tis made somewhat dryer, and the Navigable River spoyled, and the old drainer stopped up.
Secondly they answer, that in case they had cut al the Drains that are cut in the manner of Epworth, only for draining the wasts of that Man nor, yet they have received double, and almost treble whatever those drains could cost them, they are abundantly reinbursed, all their cost and charge about the mannor of Epworth, if all the charge of the works of drainage in it be set upon its own score onely; by the Drainers own proof the land is made worth sixteen shillings an Acre yearly; but reckon it at ten shillings an Acre, and they enjoyed for above ten years 7400. Acres by their own account, which amounts to 37000. pounds; and for seven years more they enjoyed 4000. Acres, which amounts to 14000. pounds, which in the whole amounts to 51000. pounds; and all the drains cut in the manner of Epworth, are not in length above 8 miles, and tis not possible that it should cost 1000. l. a mile for cutting, and suppose the heads of the Sluces, and and mending of the Banks, of Bickers dike, cost them 5000, pounds, (though this is all double if not treble reckoning) yet surely they are sufficiently reimbursed, both their money and their dammages, so that they cannot in equity claim any thing neither in truth could they if they had [Page 7] not been reimbursed, because they would adventure to try their skill upon other mens grounds, without their leave or consent.
Now the Tenants of the mannor of Epworth, leave it to every indifferent man, to judge, whether they ought not to be permitted to try their title at law; notwithstanding, any pretences of equity on the Drainers side, or any pretences of Riots by some of the multitude, in entring by force, and they appeal to every mans Conscience, whether they have not had hard measure from first to last, these many years: onely Mr. Atturney General, hath one argument for the Drainers, which is not answered, that is, The Drainers will pay a fee Farm rent, to the State of 240. pounds per annum, for their shares in this Mannor, but this needs no other answer, then this. That the subscibers of this or any other of the Free-holders of Epworth Mannor will give the State double the rent, if they will settle upon them or any of them 3000. pounds per annum, which the Drainers crave in this case, as a boon from the Barons of the Exchequer.