YOU are under God, the supreme power of this Commonwealth of England, and the grand Trustees thereof, to preserve the lives, liberties, and estates of all the people there­in, according to law; and therefore I come unto you, and lay before you once more the cause concerning the livelihood of many thousand men, women, and children, with­in the Mannor of Epworth, in the Isle of Axholm, for whom I have been intrusted now almost eight yeers as Sollicitor, and as the case now stands, am bound in conscience not to keep silence, lest by that means destruction come upon them and me through ignorance.

I make no doubt but your honors have all heard of a pretended great Ryot some yeers past. committed in the said Isle, for that hath been cryed up into the late Act of Oblivion, wherein there is an ex­emption from pardon touching the pretended Ryots in those parts; but I am perswaded that you have not heard half so much of the pro­ceedings that have been at law by the Freeholders there, for the re­covery of their ancient right to 7400 acres of commonable grounds, (being the ground in controversie between the Freeholders, and cer­tain Undertakers, who now term themselves participants in the Level of Hatfield-chase) but are no part of the said chase, of which [Page 2]about twenty yeers since the Freeholders were dispossessed by force of Armes, under colour onely of the late Kings illegal Patent, by those great Ryoters the first Undertakers, or rather projectors, when di­vers of the Commoners were murdered and shot to death, and many wounded, who did but turn againe (as worms trod upon will do) in the just defence of their undoubted right of possession, when they could have no proceedings at law, Replevins being forbidden them by order of the Exchequer; and the possession wrested and held from them by Star-chamber orders; their persons many of them being imprisoned, and many inforced by Pursuivants and Serjeants at Arms to lye from their habitations in the fields under hedges, being usually termed rebels, and threatned to be hanged at their doors, and plagued with multitudes of Star-chamber proces; some forced to flye out of the kingdom at that time, having their goods illegally distrained, and sold for issues out of the then Kings-bench, others to sell and morgage their lands to purchase and unjust peace against the villanous and tyrannical forcible entries, and intrusions, arrests, and imprisonments brought upon them by the said participants contrary to law.

No, Right honorable, The plot and design of the Undertakers (especially that Machiavel Master John Gibbon, who both is Solicitor for himself and his fellow-projectors) is not to tell you of those things, but to keep you hoodwink't (I desire to use it with reverence) to the intent you shall but onely see an ugly shape of a late pretended Ry­ot, held forth before you in a most partial, wicked, and erroneous report of Master Say and Master Henry Darley (two members of the Committee (at the least of fifty) of the late Parliament, for the Isle of Axholm, and Master Gibbons great coached and feasted friends) for by that report of theirs, your Honours shall never see the title of the Freeholders to the said lands, nor the proceedings that have been had at law, whereby they have recovered them. No, these must all lye whist and damped with the great noise of a Ryot, and throwing down houses, though built upon the Freeholders own ground, and with their own wood, which the projectors and their tenants got and digged out of the said grounds, and were fitter for dog-kennels (as my friend Master Spittlehouse hath set forth) then to come in competition with those great Ryots committed by the projectors at their first entrance upon those grounds, in the horrid massacres, for­cible [Page 3]entries, intrusions, imprisonments, and oppressions aforesaid. I say, the said report will present onely to your eye the mention of a Ryot, nothing at all of the title and proceedings at law; for that Master Say and Master Darley would not suffer to be made forth, when it was offered by the Freeholders; neither durst Master Gib­bon and the rest of his fellow-projectors produce any, although they set forth and tell the late Parliament in their petition, the lands are setled upon them by good assurances, and that it will so appear up­on the examination of the business: and although the whole matter of the petition was referred to the Committee, which was also the Committee for Sir. Arthur Haselrige and Primate, with some addition of late Members to it. And therefore because Master Gib­bon and his fellow projectors having now no remedy either in law or equity, are got into a By-way (a Ryot, the only fig-leaf to cover their nakedness) to gain possession in those grounds which they never yet legally had; and by delusion (if possible) to draw in your honors extraordinary power to effect it, insinuating as if the whole drainage in those parts, containing 60000 acres lying in the Counties of York, Lincoln, and Nottingham, will for want of a settlement be overthrown, and so aime at an Act of Parliament, and therein to hedge the ancient inheritance of the Freeholders in the said grounds; through which the Undertakers did but at their first coming into those parts, desire to cut a drain, because else they could not drain Hatfield-chase, and many other Mannors, as is cleared by the proofs.

I do again humbly entreat leave to tender the Freeholders title, and to clear up the same more fully to your honors, against any information of Master Gibbon or his counsel whatsoever; humbly beseeching you, on the behalf of all the Freeholders and Commoners, to secure the same and their possession unto them, for no other end, but as your honors shall direct, by way of a just and equitable improve­ment, for their own and the Commonwealths good, against the vio­lation of those that against law and equity endeavor to usurp a pos­session. And next thereunto, I shall humbly and truly inform your honors of the proceedings, that have of late yeers been in your ordi­nary Courts of Justice, concerning the grounds in question.

And lastly, Shall set forth the Participants petition in the late Parliament, verbatim, whereby they hope (now all their hopes are [Page 4]gone both in law and equity) to gaine a possession meerly upon the 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.

The testimony of ancient witnesses in depositions upon record in the Exchequer, make it clearly appear, that all things have gone according to this Deed within the said Mannor till now of late, that the projectors usurped a possession against law. Upon that Deed, when I first undertook to Solicite this business for the Freeholders, I took the several opinions of Sir Robert Berkeley, Master Maynard, and Master Hale, not making any of them acquainted with the others opinion, because I would be certain of the validity of the said Deed; and the chief question I put in writing to them was, whe­ther the Deed did debar the King of improvement, to which I had their several judgements it did, Sir Rober Berkeley giving it thus under his hand, which I have yet to shew: saith he,

Master Hale gave his answer (which I have also under his hand) thus: saith he, ‘I conceive the Deed is a real discharge and bindes the lands into whose hands soever it comes, and consequently the king cannot improve.’ He further adds,

Master Maynard gave his opinion, that it past an interest, and therefore the King could not improve against it.

It is clear by several inquisitions upon record in the Tower, First, That the said Sir John Mowbray dyed seised of all the said Isle; and namely,

In bundello Escaet. de Anno Regni Regis Edw. tertii quadra­gesimo tertio, par. 2. num. 7. sic continetur.

In bundello Escaet. de Anno sexto Richardi secundi, nu m. 58. [...] continetur sic.

The long continued race of the Mowbrayes, Dukes of Nor­folk also appears in the Tower to be Lords of the said Mannor, and how John Lord Mowbray, father of this John that made the Deed, being in rebellion with those Barons that accompained the Duke of Lancaster, who was beheaded at Pomfret, was amongst all the rest of the Lords in that insurrection, restored by Act of Parliament Ann. 4 Ed. 3. to all his lands. And how Elizabeth. dowager of Thomas lord Mowbray, who was grandchild to this John that made the Deed, had her assignation of dower through all the Man­nor of Epworth, Ann. 2. R. 2.

The manner of keeping this Deed, hath been in a Chest bound with iron in the parish-Church of Haxey being 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 emblem of the Deed till now of late, that the glass was broken down; this also ap­pears in the depositions in the Exchequer.

That the said Mowbray did in his time approve to himself much of the wasts as lord [...]ppeareth by many ancient Deeds, bearing date before this Deed, yet extant in the Isle; whereby after he had inclosed the same, he granted to others those inclosures.

[Page 10]The Freeholders had a Tryal, Verdict, Judgement, and Ex­ecution upon it in Micaelmas Term, 1651. at the Exche­quer Bar, by order of that Court, in the name of Thomas Va­vasour 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 Jeane one of the daughters of Robert Ait-hall, to whom by partition made between her and Elizabeth and Mary her sisters, the same place called Belwood did come, Robert Ait Hall was son and heir to Oliver Ait-hall, who was son and heir of Margery one of the daughters and co-heirs of Thomas B [...]ltoft, and Emott his wife, to whom by partition with Elizabeth her [...]ister the said place called Bellwood came. Emot was daughter and heir to Richard de Bellewood who is one of the eleven speci­ally named in the said Deed of Mowbray and lyeth intombed in the Parish Church of Belton, in a Tombe called Belwood Tombe; so as it is clear the said Thomas Vavasour, in whose name the Freeholders had their Verdict, hath both the same estate that Richard de Bellewood now about three hundred yeers since had, derived to him by Deeds under seal; and is also of blood unto him lineally descended from him.

This is the first Tryal that the Freeholders could ever obtain in twenty yeers time; at which Tryal it did also appear by the testimony of ancient witnesses, that the Freeholders had also common in gross, against which no improvement can by law be made, neither was this tryal had before there was an hearing in equity of an English bill, which the Participants exhibited in the Exchequer to stay the Freeholders suits at law, which bill was four or five yeers in hearing; and the Decree made upon the full hearing thereof in Feb 1650 doth establish the possession no otherwise with the Participants, then it was when that bill was exhibited, which was but in Trinity Term, 1646. at which time there was four thousand acres of the said seven thousand four-hundred acres in controversie in the possession of the Freeholders, and that decree gives way to go to Tryal at law for the rest; and therefore I desire that the equivocati­on of Master Say and Master Darley in the third folio of their report, as to the possession by that Decree may be observed [Page 11]when the report shall be brought in.

And now may it please your honors, I shall truly inform you of the proceedings at law, in a brief thus, viz.

In Hillary Term, 1645. the Freeholders commenced their suites at law against the Participants, to try their title to the said lands.

In Trinity Term following, viz. 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 to stay those suites at law, and to have the possession of the whole seven thousand four hundred acres in controversie established with them.

Quere, Whe­ther Mr. Say hath not con­cealed this De­cree from the Committee of the Counsel of State, and vide the Decree, and Mr. Say's equivocation thereupon in folio 3. [...]h's report touch­ing the posses­sion.In Michaelmas Term, 1650. that Bill came to full hearing, and the Decree then made doth establish the possession no o­therwise with them, then it was when that Bill was ex­hibited.

Where pray Note, That about four thousand acres of the said seven thousand four hundred acres had been then about five yeers before the Bill was exhibited in the Freeholders pos­session, in which case all restitution of possession, under colour of a Ryot, is by law excluded.

Note also, That Decree gives way to the Freeholders to go to tryal at law for the rest.

There being now about one hundred charged as Ryotors, It is humbly submitted,

Whether all the rest of the Freeholders and Commoners, being above a thousand, shall suffer the loss of their possession so left unto them as aforesaid by the said Decree, upon the full hearing of the Participants own Bill in equity, and afterwards wholly recovered by the Freeholders at law, upon a Verdict, in the name of one that was no Ryoter.

And two things there are observable touching that windemill mentioned in the Act of Oblivion, wherein the inhabitants are exempted from mercy, as touching the Ryots committed in the Isle of Axholm

The first is, That it was taken in execution at the suit of the said Vavasour, foreighty pound costs, and twelve pence dam­ages [Page 12]given unto him by the Jury, and the money was paid.

The second is, that a tenant to the Participants, who was owner thereof, did in his heat of blood, presently after it was thrown down, bring his action of trespass at law against a Freeholder in the Isle for throwing down that windemill, three houses, and one barn: to which the Freeholder (being defen­dant) having pleaded, the Participants durst neither let the plaintiff (their tenant try the cause himself, nor let the De­fendant try it, prays upon record to discontinue their own action, and to pay the Defendant costs (lest he should try it) which they did accordingly, and paid fourty shillings costs to the Defendent.

Right honorable, now I have informed your honors of the le [...]al parr, give me leave, I humbly beseech you on the Free­holders behalf to lay down before you their equitable part to the grounds in question, no otherwise then was proved before the late Committee of Parliament by many witnesses no way interested if Master Say have taken the depositions, or rather returned them aright, as they were or ought to have been taken, whereof to this day the Freeholders never had copies, a though Master Gibbon long since had copies delivered out; Nay, 'tis like I shall prove Master Say delivered out the very Original to him to copy forth, by which means Master Gibbon and his friends quoted such witnesses, whose depositions made best for them upon the margent of the report or a copy thereof thereby to delude the Honorable Committee of the Councel of State, and left out many of the witnesses whose testimonies make against them, and by concealing the Decree and other writings in Master Sayes hands, and other the means aforesaid, have obtained a second report; of all which I am bound in conscience to inform your Honors, lest by silence, ignorance destroy this cause, and lose the Freeholders possession, which must needs attend those reports to your Honors, if nothing else should appear but the ugly shape of a pretended Ryot; for by Master Sayes report onely, the plot is so laid, that your Ho­nors cannot possibly see the truth, and the Freeholders have cause [...]o fear an Honorable and brave Worthy, seeing nothing but a pretended Ryot (and being joyned with Master Scob [...]l [Page 13]your Clark, as of the Committee of the Counsel of State, and never knowing how the proceedings at law are gone) hath been misled to sign a report, which whether it be contrary to law and equity, as to the Freeholders loss of possession in the said grounds, or not, is humbly submitted to your honors when it shall come to your view, being compared with the depositions, which on the Freeholders part (if rightly taken by Master Say, whereof they have just occasion to doubt) will clearly appear to be thus in point of equity, viz.

1. That the grounds before the pretended draining, which the Parti­cipants took from the Freeholders, was most of 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.

[Page 14]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 [Page 15]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.

This petition being signed by Master Gibbon, and four or five more, who term themselves participants; It is humbly desired on the Freeholders behalf, whether any besides Master Gibbon (who is onely the visible prosecuter) will so own it, as to be answerable for those great expences that the inhabitants have been and are drawn [Page 20]in this business: and that the manifold illegalities extravagancies and incertainties therein may be considered, especially herein, that under the charge of these general words [some inhabitants of Epworth] many persons are now mixt together in the report, as ryoters, with­out knowing their particular charges, which certainly is contrary to all proceedings at law, which hath provided so wisely and tenderly for the lives and estates of all in this Commonwealth, that in things criminal every man ought to have his particular charge given, as touching the matter of crime, the time when, place where, and the person by whom it was committed, with his name and sirname, his addition and place of abode; to th' intent the party accused may make his legal defence thereunto: but in the report of Master Say and Ma­ster Darley, all are wined so confusedly together, as every man hath just occasion to say it was impossible for him to make his defence, Nay it was so carryed on by the late Committee of Parliament, that when some of the honest party of that Committee had made an or­der that every person should have his particular charge given in wri­ting, the very next day after, it was again over-voted and nullified; so that Master Luke Robinson that honest Gentleman, who was of that Committee, then said it was in vaine for to fit.

And howsoever for my own particular, I may lye under censure by reason of this petition, and the proceedings thereupon, yet it will be for your honours, to cause the depositions to be throughly perused, aswell on the Freeholders part as on the other, whereby you will then come to know how Master Say and Master Darley have in ten line, lockt up and imprisomed the truth of above twenty witnesses which the Freeholders had attending here in London about a twelvemoneth since, neer half a yeer before they could be examin­ed, and yet Master Gibbons witnesses in a moneths time at the most, had a quick dispatch, and Master Say and Master Darley have stretch't out neer two hundred lines in the report out of their deposi­tions for the Participants advantage; and you will then come to know (if Master Say have dealt fairely in taking the depositions) how the witnesses on both sides are related, and whether those Master Gibbon produced were not tenants and farmers to the Participants, and swear in expectation to receive damages from the inhabitants, and the several ages of the witnesses on both sides, and how long they have known the grounds.

[Page 21]And now after I have shewn both the legal and equitable part of this business on the behalf of the Freeholders, according to proof up­on record; I beseech your honors give me leave to take notice of Master Gibbon throwing dirt at the Freeholders, and of Master Say and Master Darley, how ready they are in their report to mention the least unbeseeming word that any particular inhabitant hath spoken, but altogether omit to make out the inhabitants defence, wherein it was clearly made appear how they haveWitnesses Robert Dyneley, John Barnard Esq. Timothy Ellis, clark, and others. raised and main­tained at their own charge two foot companies for the Parliament for a long time in the Isle, and afterwards both at Belvoir and elswhere in England, and divers of them since in Scotland did good service.

And for my own particular, I have this to say to their report, they have past my defence very sleightly over, which I refer to the depositi­ons: and since Mr. Say hath been so cruel as not to afford me the bene­fit which the house of Lords did, but that my own constrained examinations to interrogatories in the Exchequer must be used against me (a thing the house of Lords refused) I beseech you let all my examination be taken notice of, aswell as that part they make use of to do me hurt. For Master Say (as a cruel man) though I and the other persons with me, were after a moneths imprisonment here in London, upon a full hearing of Councel on both sides, at the Bar of the house of Lords, dismissed for that very offence mentioned in their report; yet is it revived and made use of again, and though I offered to prove the dismission by several witnesses, yet would not Master Say admit thereof, because the order of dismission was not to be found; and therefore the just and honest defence that might have been made thereunto, had it been before any competent Judge, cannot by the report appear to your honours: and though I desire not to recriminate yet I submit to any, whether it was not as fit Master Say and Master Darley should have reported the several proofs that are against Master Gibbon, Marmaduke Hardy and Ric. Glew cross ex­amined. whereby his readiness of in­clination to the King of Scotts appears, expecting through his pre­valency to be revenged against the inhabitants, and giving forth words, that he will raise three hundred men with horse and Armes in his assistance; I say, whether that was not as fit to be reported as some words they do report; howsoever,Rich. Glew. William Wells, Thomas Todd. it is their injustice they have not afforded me the benefit of the Cross examination of the wit­nesses that swore against me, or the benefit † of the restimony of [Page 22]those that were brought for me, purpose to make their threats good against me; but I conclude with this, God forgive them.

And one thing (May it please your honours) I crave leave to pub­lish for my own vindication against the impudence of Master Gib­bon, who before the honorable Committee of the Councel of State taxed me with perjury, in an Affidavit I once made in the Exchequer, upon the reading whereof, he said, Baron Thorpe affirmed upon the Bench it was false, which Affidavit being made upon occasion of an order which Master Gibhon strongly laboured for (after the verdict which the Freeholders had in Master Vavasours name) to re-inforce the Decretal order of Febr. 1650, mentioned in Master Sayes re­port; in the drawing up thereof, the Clarks on both sides attended at Baron Thorp's Chamber with the draught of it, and then Baron Thrope with his own hand first inserted an exception in the order as to Vavasour, who had obtained a verdict in affirmation of his right: whereupon the Clarks at that time departing with the order, Baron Thorpe at another time sent for the order againe and struck those words forth which he had formerly so inserted concerning Vavasour. This being the substance of my Affidavit, and I being in the Country when it was read in Court, do not know whether Baron Thorpe said it was false, or not, otherwise then by hearsay. But if he did say so (as Master Gibbon taxed me he did) I do here affirm that Baron Thorpe did make that alteration of the order in his study within his chamber in Sergeants Inn in Fleetstreet (Master Hillary and Master Payne, the two Attourneys in the cause, being persent, and I in the room behinde) and if he do deny it, he may aswell deny his daugh­ter in law (his wives daughter, the widdow of Master Abraham Vernat, who was a Participant, and 2 Captaine in Armes for the late King against the Parliament) I say he may aswel deny her to claim an interest in the grounds in question, as part of her fifth part for her maintenance.

I beseech your honours blame me not, for it is truth I write, and it is my credit I live by; and though I be endeavoured to be rendred o­dious and clamorous by Master Gibbon, yet I am intrusted by the Country, and the cause is of consequence to them, and so is my cre­dit to me; and if I bring you any thing but truth, let me answer for it.

[Page 23]I should not have been forward thus to have vindicated my self a­gainst Master Gibbon, if his estate had been answerable; but finding him a listed prisoner in the upper Bench, and upon the several Exe­cutions Outlawries after Judgement, and mean process, he is charg­ed as followeth, viz.

1. With Execution to satisfie George Shires Esquire, one thou­sand two hundred pounds debt, and nine pounds damages.

2. And with Execution to satisfie Sir John Littcott Knight, six hundred pounds debt, and six pounds damages.

3. With Execution to satisfie Thomas Squire, two hundred pounds debt, and thirty shillings costs.

4. With Execution at the Suit of Richard Read, for four and fourty pounds debt.

5. With Execution at the suite of William Willett, for two hun­dred pounds debt, and thirty shillings costs.

6. And at the suite of William Denton, and Katherin his wife, Executors of John Bert, for two hundred pounds.

7. And at the suite of Richard Lane Gentleman, for two hun­dred pounds.

8. And at suite of William Brown Esquire, in trespass upon the case, for a thousand pounds.

9. And at suite of James le Roy for fifty pounds.

10. And at suit of Jessenben Sabbatt for fifty pounds.

11. And at suite of James Leonards for thirty pounds.

12. And at the suite of Henry Cromwell, and Dame Elizabeth his wife, late named Elizabeth Lucy, for four hundred pounds.

13. And at suite of Thomas Drinkwater for six hundred pounds.

14. And at suite of the same for sixty pounds.

15. And again at the suite of the same for sixty pounds.

16. And at suite of the same for sixty pounds.

17. And at suite of the same for sixty pounds.

18. And at suite of the same for sixty pounds.

19. And at suite of Edward Dixon Esquire for an hundred pounds.

20. And at suite of the Lady Katherin Dyer widdow, for two hundred pounds.

[Page 24]21. And at suite of John Curson for two hundred pounds.

22. And in Execution at the suit of Edward Dixon for an hun­dred pounds.

23. And at suite of Henry Cromwell, and Elizabeth his wife, late named Elizabeth Lucy for four hundred pounds.

24. And at suite of the Lady Dyer for two hundred pounds.

25. And at suite of Barth. Hall for eight hundred pounds.

26. And at suite of Iohn Marsham and Ferdinando Marsham for fifteen hundred pounds.

27. And with Execution at suite of Edward Dixon Esquire for an hundred pounds debt and seven pounds damage.

28. And with Execution at the suite of Barthol. Hall Esquire for eight hundred pounds debt, and one pound one shilling costs.

29. And with Execution at the suite of Iohn Marsham, and Ferdinando Marsham for fifteen hundred pounds debt, and seven pounds and one shilling damage.

30. And upo [...] Judgement at the suite of I sanbar Savatt for twenty three pounds four shillings and six pence.

31. And with an Order from the Committe of Revennue for se­veral sums.

32. And with Execution at the suite of Sir Edward Fish Baro­net, for two hundred pounds debt, and one and twenty shillings costs.

At the suite of Humphrey Schalcross for debt, one thousand pounds.

34. At the suite of the same for four hundred pounds debt.

35. At the suite of Francis Williamson Knight, in a plea of trespass upon the case, damage five hundred pounds.

36. At suite of Benjamin Thornton Esquire for an hundred pounds.

37. At the suite of Sir Iohn Lucas for eight hundred pounds.

38. At suite of Sir Thomas Dawes for a thousand pounds.

39. At suit of Henry Williams alias Cromwell Esquire, and Dame Elizabeth Ferrys, lately called Elizabeth Lucy his wife, for four hundred pounds.

40. In Execution at the suite of Sir Thomas Dawes for five pounds costs according to the Stature.

41. Againe, at the suite of Henry Williams, alias Cromwell

[Page 25]Esquire, and Dame Elizabeth Ferryes, &c. for four hundred pounds.

With execution at the suit of Isanbar Savatt for twenty three pounds four shillings and six pence.

At the suite of Thomas Lyng Gentlem in for fourty pounds.

With execution at the suite of Sir Thomas Dawes for four pounds.

And with an Outlawry after Judgement at the suite of Rachel Cambell widdow and others for two thousand and one pounds debt, and thirty one shillings damage.

And with an Hebeas Corpus upon an Outlaty, at the suite of Iames Cambell in a plea of debt.

And with an Outlawry, at the suite of Michael Fawkes, 200 l.

And upon a Judgement at suite of Thomas Squire for two hun­dred pounds, and thirty shillings costs.

And at the suite of Iohn Alkins in a plea of trespass.

And at suite of Robert Iohnson in a plea of trespass.

And besides all these he was to pay in to the Committee for publike debts the last Saturday, but hath not, one thousand three hundred and odd pounds.

And now because I know he that is a Machiavell will tell all his creditors, that it is the pretended ryoters in the Isle of Axholm, that holdeth his land from him, that should pay his debts, I shall first shew you how this Master Gibbon hath sold and conveyed as­much lands upon the dramage▪ within the level of Hatfield Chase and parts adjacent▪ in the Counties of York, Lincoln and Notting­ham, as for which he hath received above threescore thousand pounds; and namely he sold.

To Iohn Godbold then Serjeant at law William Say▪ Note, Mr. Say a fit Chaire­man and Reporter. Edward Walrond, and Mich. Hutchinson of the middle Temple Esquires▪ land there, for which he received twenty eight thousand pounds. Vide the conveyances inrolled, dated 5. Dec. 1637. and others.

Note that Master Say sells all his part again to Hugh Awdley of the Inner Temple London Esquire, and others therein named, and joyns Gibbon named with him, whereof much is of the land in con­troversie; and having received his mony or securety for it, enters into warranty to make good the sale. Vide the inrolment in Chancery, 6. Martii 1649.

Item, Gibbon sold to the said Hugh Awdley and others, land [Page 26]there, for which he received twenty three thousand pounds. Vide the several inrolled Conveyances in the yeer 1650.

Item, Gibbon sold to Francis Russel Esquire, &c. land in that drainage, though none of it of the land in controversie, for which he received two thousand and five pounds. Vide the inrolled Conveyance, Anno 14. Car.

Item. Gibbon sold to Sir Edward Osburn the Mannor of Hat­field, for which he received ten thousand pounds.

Many other Conveyances there are, upon which he received seve­ral great sums, as between Gibbon and Osburn. 12. Car. Gibbon and Vernatt, 12. Car. Gibbon and Gerard, 12. Car. Gibbon and Iohnson, 13. Car. Gibbon and Master of the Rolls, and Richer, 13. Car. Gibbon and Cambell. 14. Car. Gibbon and Hampe, and o­thers, 14. Car. Gibbon and Mercalfe, 14. Car. Gibbon and Manwood, 14. Car. Gibbon Io. and Gibbon Nic. 15. Car. Gibbon and Shering, 16. Car. Gibbon Io. and Arthur Samuel, for land in the Forest of Galtry, and Gibbon and Sir Abraham Dawes, for land there also, 16. Car. Gibbon and Gale Robert, 18. Car. Gibbon and Nokes, 19. Car. Gibbon and Shering, 19. Car. Gibbon and Lechmore, 19. Car. Gibbon and Nokes, 22. Car.

So many indeed are the vast, gross, and small sums, that this man hath received, wasted and spent, that I am confident it is not in the power of himself to enumerate, muchless in me, that can but only tell what those reports speak forth that are extant: and truly had there not been a necessity, laid upon me, out of duty to the country for whom I Solicit, and my self (Master Gibbon himself giving the occa­sion) I should have been sparing thus to have writ.

Upon consideration of all which, I humbly submit it on the behalf of the Freeholders, whether it be not a thing fit that some of those that pretend themselves Participants in the ground, should not make their visible appearance, and own the prosecution of this business, aswel as Master Gibbon, who standeth thus outlawed, and in that re­spect ought not to have the benefit of the law in things just, how much less in things vexatious and unjust? and being a man of this conditi­on, from whom can the Freeholders expect reparation, having no o­ther visible prosecutor but Master Gibbon, and the general name Participants; and who they are, it is not known, but Master Gibbon it is well known stops his creditors mouths with the noise of his hopes of [Page 27]these lands: and what will not they every one do, but drive on their own designs, thereby to make good their desperate debts as much as possible they may? for can it be thought, that if Master Cambell have a friend, he will not ingage him asmuch as he can? and that if Sir Iohn Litteot have a friend he will not do the like? and so of all the rest of his creditors (but thanks be to God, I finde a change; I be­lieve no such friendship of that kinde, will finde acceptance amongst your honors) my desire is but to discover the truth, and that too by matter of record, wherein I may soon be found a lyer if I do not: the Decree of Febr. 1650. proceedings at law, and the Depositions (if rightly taken by Master Say, whereof I desire copies aswell as Ma­ster Gibbon hath had) will decide the business, as to the possession which he hungers after, and by delusion hath made a stop unto: and when I had discovered the truth, and studyed how to bring it to you, I could not tell possibly how to do it at present better to prevent dan­ger, as the case stands, then this way, and by lodging the Freeholders petition in the hands of the Lincolnshire Members, which is humbly desired to be called for, when the business is reported: for what order the honorable Councel of State have made in it or how or when this business may come before your honors, I cannot certainly tell, although it is now above a moneth since something was done in it; and the Free­holders have good hope that care is taken for them by the honorable Councel: but all that I can learn at the Office is, that Master Thurl [...] hath taken the care of drawing it to himself; but I most humbly be­seech you all (as the safest refuge every Freeholder in England in this case hath to flye unto) to take care of it, for there is much of the Freedom of the laws and liberties of England, in my judgement, ei­ther to be preserved of lost in it.

And now I have thus written, I am at quiet (being as confident of Justice as ever I was in my life from any) a comfort I wanted the last Parliament: and truly if I should be asked the reason, I am able to say no more then this, That I verily perswade my self the fear of God is amongst you, to distribute righteousness to all the people of this Commonwealth, and in particular, to this long oppressed people within the Mannor of Epworth, that could never obtain a tryal at law this twenty yeers (justice being formerly obstructed by orders of several Courts) and now of late, although within this right yeers, they had two several dayes by special order, first in the Common [Page 28]Pleas, and then in the Exchequer set down for tryal, and several Juries returned; yet before Michaelmas Term 1651. (being the third time they had a day set down, and a Jury returned) they could not obtain it; and then also Master Gibbon endeavoured to make good his several sayings, that the inhabitants should never have a tryal so long as they were quick (as is proved) for the Jury was then adjourned from day to day at the Exchequer Bar, and staid in town neer a moneth before the tryal was permitted to go on; yet in con­clusion the Plaintiff being no ryoter was permitted to go on, but Ma­ster Gibbon and his Councel departed the Court, and being able to make no defence, let the verdict go by default, purposely that he might have this to say, That the Participants made no defence. And I have this to say more for them, that although the cause should be tryed never so often, they will never do otherwise; and have this found by experience, that a multitude shall never be righted so long as their remedy lyes by suites of this length and continuance (if pre­tence of ryot by a few shall take away the possession of all) for 'tis not possible but some of the ruder sort will grow disorderly, and in­danger both themselves and those that deal for them upon which score the Star-chamber formerly took away their possession, making the people ryoters, whereas the projectors were indeed the ryoters, both in the sight of God and the ey of the law and I hope may in time be so looked upon; now the people themselves have testified their willingness under their subscribed hands, to joyn with the present Lords of the Mannor in a legal improvement of the said grounds for their own and the Commonwealths good; and are ready, if there be any thing due either in law or equity to the Participants to yeeld it to them: and as to matter of pretended ryot, they hope, in case your honors take cognizance of it, you will be pleased to let every man complained against have his particular charge, and then he that can­not nor defend himself, having once a legal way prescribed to do it▪ must suffer, if there be no more pardon to be had then the Act of Oblivion of the late Parliament gives unto him.

I have thus far discharged my duty to God and my Country in the place I stand imployed, the great God of heaven direct your ho­nours, that this cause may come before you with a right understand­ing of it, which the report of Master Say, and Master Darley can never bring; and against which, as partial, wicked, and most unjust, [Page 29]many thousands of men, women, and children, within the Isle of Axholm, have as just cause of complaint, as ever had people in any cause whatsoever. All which I own under my hand, and upon a reasonable time given, shall be ready, either to make good, at least in the substance, or suffer.