A brief Remembrance When the Report concerning the pretended Ryot in the Isle of Axholm shall be read. Humbly tendered to every individual member of Parliament, By the Free-holders and Commoners within the Mannor of Epworth in the said Isle, in number neer 1200. besides new-erected Cottages. Against Certain Undertakers, who call themselves Particpants in the drayning of the Level of Hatfield-Chase; Concerning 7400 acres of Commonable Lands (being no part of the said Chase, but lying within the Mannor of Epworth) taken from the Free-holders by the said Undertakers about twenty yeers since, under colour of the late Kings Patent contrary to law. And because the Report doth not at all set forth the proceedings that have been at Law, therefore the Free-holders humbly inform, as followeth: viz.
THat in Hilary-Term, 1654. they commenced their Suits 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 and English Bill in the Exchequer, to stay those Suits at Law.
In Michaelmas-Term,Vide the Decree, and the Equivocation of Mr. Say and Mr. Darley the Reporters, in fol. 3. of the Report, when it shall be read, upon that Decree. 1650. that Bill came to full hearing: and the Decree then made, doth establish the possession no otherwise with the Participants then it was when that Bill was exhibited.
Where note, That about 4000 acres of the said 7400 acres had been then about five yeers before the said Bills exhibiting, in the Freeholders possession: in which case, all reftitution of possession, under colour of a Ryot, is by Law excluded.
Note also, That Decree also gives way to the Free-holders to go to Tryal at Law for the rest.
In Michaelmas-Term, 1651. the Free-holders, in pursuance of the said Decree, by Order of the Exchequer, had a Tryal at that Bar, in the name of Thomas Vavasour Gent. before which time, the supposed Ryot was committed: which Vavasour was no Ryotor.
There being now about 100 charged as Ryotors, It is humbly submitted, Whether all the rest of the Free-holders and Commoners, being above a thousand, shall suffer the loss of their possession so left unto them as aforesaid by the Decree of Feb. 1650. upon the full hearing of the Participants own Bill in equity, and afterwards recovered by the Free-holders at Law, upon a Verdict in the name of one that was no Ryoter.
Besides, it is clear by the Depositions (if Mr. Say have taken them aright, whereof the Free-holders to this day never had copies) that there is no improvement of the grounds by the said Participants. In all which respects, the Free-holders now desire to be Improvers of their ancient inheritance, both for their own and the Commonwealths good.
The Free-holders also humbly inform, That By that partial and wicked contrived Report of Mr. Say and Mr. Darley, two Members of the late Parliament, the equitable part of the Cause shall never come to your view, but lie hidden in the Depositions, whereof to this day the Free-holders never had copies: whereby it is abundantly proved, as followeth.
- 1. That the Undertakers did but at their first coming into those parts desire to cut thorow the Manor of Epworth, that is in Lincoln-shire, to drayn Hatfield-Chase, and many other Mannors that lie in York-shire; and that without cutting thorow the Mannor of Epworth, they could not drayn Hatfield-Chase and those other Mannors.
- 2. That they have been at no more charge within the Mannor of Epworth, then in making one Drayn of four miles in length; and that in stead thereof, they have stopped up some old Sewers, and diverted the course of an ancient Navigable River called Idle within the said Mannor; and that the South part of the Mannor is as subject to be surrounded with water as it was before the pretended Drayning.
- 3. That the Lands before the pretended Drayning was worth 10 s. an acre per an. one with another thorowout; and that 3000 acres of the 7400 acres which the Undertakers took from the Free holders, lying towards the North side of the Mannor, was worth xx s. an acre per an. before the pretended drayning; and 2000 acres more thereof, lying towards the South, was worht 15 s. and acre yeerly.
- 4. That the Participants took all the best ground, and left the Free-holders the very worst.
- 5. That the grounds before the Drayning fed all manner of Cattel far for the Butcher.
- 6. That the Free-holders cannot keep half so many cattel levant and couchant, that is, winter and summer, upon their tenements, as they could before the pretended Drayning, but are enforced to Joyst their Cattel in forraign places, and turn their Meadow grounds into pasture.
- 7. That in that respect, divers sold their estates within the said Mannor, and bought and went to live elsewhere out of the Mannor.
- 8. That the grounds, before the pretended Drayning, was better in summer, by reason of the overflowing of water in winter.
All which Mr. Say and Mr. Darley have concealed in their Report, purposely withholding the truth, to induce your Honours the more readily to believe there is an improvement; whereas indeed there is none: so as unless your Honors take care that the Depositions be thorowly perused, or that the Free-holders may have copies thereof, to make their Exceptions to the said Report, they are likely to be undone through ignorance, as they have been already in a great measure; the Books either not being thorowly perused, or not returned in to the Councel as they were first taken, or ought to have been taken by Mr. Say; which we have occasion to suspect, in respect of a second Report now made to the Councel, as also by some speeches that lately have been divulged by some of the adverse party to that purpose.
⟨July 6. 1653⟩