THE CASE AND PROCEED Of at least Sixty Gentlemen, Participants and Purchasers, for valuable consideration, of Lands, in the Level of Hatfield Chace, the Counties of York, Lincoln and Nottingham; AND MORE THAN Two hundred of their Tenants, Who have been despoiled of their Estates, by the inhuman and barbarous Riots of the Inhabitants of the Manor of Epworth; whereof some have been murdered, others wounded, the Church with their Houses demolished, and the materials thereof, with their Goods taken from them by force: For which cause they the said Rioters were exempted in the last Act of General Pardon. Humbly presented to the Consideration of this present PARLIAMENT, for Redress and Reparation of their so great Losses and Damages; As it was also to the several PARLIAMENTS sitting in the Years 1651, and 1654. printer's or publisher's device LONDON, Printed in the Year 1656. The State of the CASE. THe late King, owner of the several Manors of Hatfield, thorn, Fishlacke, Dowsethorpe, Stainford, Snaith, Cowicke and Rawcliffe, in the County of York; Crowle, Epworth, Wroote and Missen in the County of Lincoln; and of Misterton and Gringley in the County of Nottingham; the wastes of all which lying contiguous and so hurtfully surrounded by the several Rivers of Trent, Bickersdicke, Idle, Torn, Dunne and Air, that it yielded little or no profit to the Commonwealth; but on the contrary nourished beggars and idle persons: and the said King having a Chase of Red-Deer through five of those Manors, the rest were much annoyed and oppressed thereby; did resolve by the advice of his Council, as well for the easing of his charge, and increase of his revenue, as for the improvement and reducing of so great a quantity of drowned and boggy ground, to be made good meadow, arable and pasture, for the advantage of the Commonwealth: did by advice of his Council, under the Great Seal, contract with Sir Cornelius Vermuyden, to drain and lay dry the same, being in all about 600000 Acres of Land at his own charge; and in recompense thereof he should have one third part: And thereupon directed Commissions to several Gentlemen of those Countries, to treat and agree with all such as pretended right of Common within those several Manors; which took effect with all the Manors unanimously, except the Manners of Epworth in the County of Lincoln: and against the Commissioners within that Manor, Sir Robert Heath being the then Attorney General, exhibited an Information in the Exchequer Chamber; whereupon 370 Commoners (who were all, that at that time could be discovered to have right of Common there) came and submitted to such an Award as Sir John Banks the then Attorney General should make therein: who upon several hear of all parties and their Council, made an Award; that of 13400 Acres belonging to that Manor, which was then drained among the rest of the level, 6000 Acres should be allotted the Commoners as their part or proportion, lying next the Towns, and so preserved for ever at the charge of the said Sir C. V and the remaining 7400 Acres should be set out in the remotest parts of those washes, to Sir Cor. Vermuyden and his participants for their third part, and for the late King's part, in right of his interest as Lord of the soil; and this by consent was decreed in the Exchequer Chamber, and possession accordingly established with Sir Cor. Vermuyden and his Participants and their Assigns; who being in peaceable and quiet possession, did manure, build, and plant a Town called Sandtoft, and a Church therein, and placed a Minister, whereto resorted above 200 Families of French and Walloon Protestant's (who fled out of their native Country for fear of the Inquisition, only to enjoy the free exercise of their Religion here,) who builded and planted above 200 habitations for husbandry, and ploughed and tilled much of the said 24500 Acres of Land, to the great advantage of the Commonwealth: and quietly enjoyed the fruits of such their labours, till about June 1642. at which time some of the Inhabitants thereabout, pretending they had right of Common, said they were not bound by the said Decree, and taking advantage of the distractions of those times, rise in tumults, break down the fences and enclosures of 4000 Acres, destroyed all the Corn growing, and pulled down the houses built thereon. Then the Participants petitioned the Lord Fairfax and the Earl of Manchester, who gave express order to quiet those Riots; but all was in vain, as will appear by the several Reports made upon a full Examination of the whole Business, and hearing both parties concerned. In the year 1645. the Participants being thus grievously oppressed, and contrary to Law cast out of their possessions; upon their address to the then Parliament by Petition, they were pleased to make these Orders following. Viz. Wednesday 10th Decemb. 1645. WHereas the Participants in the draining, and Tenants and Inhabitants of the Levill of Hatfield Chace and parts adjacent, in the Counties of York, Lincoln and Nottingham, have petitioned this House, informing that after the expense of at least 300000 in those Works, the Tenants of the Manor of Epworth (being part of that Draining) consenting to a Decree passed in the Exchequer for settlement of the proportions agreed on and set out of that Manor, and ever since enjoyed by the Participants and their Tenants, till of late, and since the distractions of these times, divers of the unruly Inhabitants of the said Manor, have in a tumultuous manner, thrown down and laid waste a proportion of at least 7400 Acres of Land, and destroyed a very great quantity of Rapes and Corn growing, by forcible keeping and depasturing their Cattle thereon, demolished very many houses, burned others, cut and burned the Ploughs, beat and wounded those they have found ploughing, or have resisted them in any their outrageous acts, and now threaten the drowning of the whole; by cutting of the banks, and misusage of the sluices, and resist the Participants in levying Taxes for repair of the Works, to the great damage of the Commonwealth in general, and scandal of the Justice thereof, in case it should not be restrained, and the offenders punished. For restraining of the like outrages for the future, and for preservation of the peace of the Country; It is Ordered by the Lords in Parliament assembled: That the Sheriff of the said County of Lincoln, and Justices of Peace there, shall upon complaint made to them by the Participants of the said Level, or their Agents, punctually pursue the Statutes made in the 13th year of King Henry the 4th, for suppressing of Riots and routs, and shall call to their assistance, if need require, the trained Bands of the said County, and the Parliaments forces next adjoining, to be aiding and assisting unto the Participants, in guarding and keeping the Sluices and Sewers, re-edifying and repairing what hath been so demolished, and levying the Taxes legally imposed, tending to the preservation of so good and beneficial a work to the Commonwealth, and for the settling of this business; It is further ordered, That the Sheriff of the County of Lincoln for the time being, shall upon request to him made by the Participants, appoint such a Deputy within the limits of the said Level, for sudden aiding and assisting them (if need shall require) as they from time to time shall desire. And it is likewise ordered by their Lordships, That as well the Ministers in the adjacent Parishes, shall upon the next Sunday after receipt of this Order, as the Under-Sheriff of the County of Lincoln in the several adjacent Market-towns on the Market day, make publication of this Order; that the Inhabitants may take notice hereof, and conform accordingly. Jo. Brown Cleric. Parliamentorum. Die Sabbathi vicessimo primo Martii 1645. WHereas the Participants in the draining of Hatfield Chase and parts adjacent, in the Counties of York, Lincoln and Nottingham, have petitioned this House, insomuch that by Order of the Committee of Lincoln, the Tenants and Inhabitants of those drained Lands within the Manor of Epworth, have entered Bonds for payment to the Committee of their Rents due to their Landlords at our Lady day now next coming, and at Michaelmas next coming, to be deposited in their hands till the trial of a Title; and likewise that the said Level is become totally drowned, by the malicious pulling up of a navigable Sluice, which kept the River of Trent from flowing into Vickersdicke, whereby very great damage is happened, not only to the Participants and Tenants in particular, but to the Commonwealth in general: For re-edifying of which, and other Sluices, Banks, Drains and Enclosures demolished; this House did on the 10th of Decemb. last settle by Order, which Order the Lords in Parliament assembled do hereby confirm; And do further Order, That those Bonds so taken from the Tenants, be (upon notice of this Order) brought into this House, to be disposed of as to Justice shall appertain: And do likewise require and authorise the Commissioners of Sewers for the said Level, that they be aiding and assisting to the Participants with all their legal authority, in re-edifying the things so demolished, and preserving the said Level from future inundation and destruction by the pretended Commoners; in which they are hereby authorised and required, to call to their assistance the Sheriffs of the County, and the Justices of the Peace next adjoining to the said Works, to be aiding and assisting in the establishing and preservation of so good and beneficial a wo●k to the Commonwealth. Jo. Brown Cleric. Parliamentorum. Upon the Bill in the Exchequer Chamber for establishing the possession against those seven who brought their Actions at Law: the Court upon several debates and search of the precedents, they made this Order following. Mercurii decimo die Februarii 1646. WHereas in the Cause here depending, by English Bill exhibited by Sir Thomas Abdy Knight and others, Plaintiffs against James Maw, Gregory Tore, William Bire, Richard Maw, Robert Barnard, William Tonge, Thomas Medley, and others, the Tenants and Inhabitants of Epworth in the County of Lincoln Defendants, upon hearing of his Majesty's Solicitor general on the said Plaintiffs behalf, concerning the stay of Suits by Action at Law brougbt by the said Defendants, against Anthony Massingarb and others Plaintiffs in this Court, claiming under his Majesty's Title; It was ordered by this Court the Eight day of this instant February, That the Council on either part should attend this Court this day, concerning the stay of the said Suits, and that in the mean time the said Defendants were ordered not to proceed therein, as by the said Order at large appeareth. Now upon hearing of Mr Solicitor General, Mr Thorpe and others on the behalf of the said Plaintiffs, and of Mr Gates, Mr Ellis and others on the behalf of the said Defendants, endeavouring to show cause for the further proceed in the said Suits at Law; and upon producing of an Exemplification of a Decree of this Court, for the settling of the quiet possession of the Lands in question, and of the interest of his Majesty therein; It is this day ordered by this Court, That his Majesty's Solicitor general shall proceed upon the said Bill in this Court with all convenient speed: and in the mean time the possession of the Lands in question, to be held in quiet by the said Plaintiffs, as it hath been formerly settled by this Court, and enjoyed at any time since the said Decree made. And that the said Suits at Law shall be stayed by the Injunction of this Court, until the hearing of the Cause, or that this Court give further order. Upon which Injunction, the Sheriff having a Writ of Assistance, came with near 100 persons to quiet the possession, and set up the fences of the 4000 Acres first laid waste; but then Daniel Noddell came with 400 men, and forced the Sheriff with all his assistants to fly, and then demolished what the Sheriff had before caused to be set up: Then the Participants brought their Bill to hearing, and during that time, the said Inhabitants rise in tumults, and laid waste the remaining 3400 Acres, as in the Report. The Council of State being informed of the continual Riots committed by the said Inhabitants, writ the ensuing Letter to the Sheriff of Lincolnshire. SIR WE are informed that there hath been several Riotous and tumultuous gatherings together of people in that County of Lincoln, under some pretence about the Commons of Epworth; which kind of meetings ought not at any time to be suffered, but effectually proceeded against as the Laws have directed, that by the punishment of some, others may be deterred from such like attempts: but especially in such times as these, a more diligent care ought to be taken to prevent such meetings of the multitude, that may make use of other pretences to begin Insurrections and carry on designs, to the interruption of the public peace and danger of the Commonwealth. You are therefore to keep a watchful eye upon the confluence of people upon any feigned pretences whereby danger may probably arise, and to make use of the power the Law hath put into your hand, and entrusted you with to preserve the peace of the County: And if you find that power not sufficient for that purpose, you may desire assistance from such forces of the Commonwealth as shall be nearest you; who are hereby ordered, and shall have directions, to give you such assistance as shall be necessary for your effecting that work, whereby dangerous consequences may be prevented, and delinquents against the public peace may be brought to condign punishment; the people nevertheless for such wrongs as they may have cause to complain of, being left to prosecute their pretences in a peaceable and quiet manner in due course of Law, where they may have right witeout making themselves Judges in their own Cases, by such exorbitant and irregular courses. Whitehall the 12th July 1651. Signed, etc. To the High Sheriff of the County of Lincoln, These After these Orders and Letter before mentioned were made herein, yet the Inhabitants aforesaid, ceased not to Riot, etc. whereupon the said Participants petitioned the Parliament in the year 1651. which was referred to a Committee of the then Parliament the 10th of January following: who upon full examination of the whole matter, and Witnesses upon Oath on both sides, made the Report following, viz. THE REPORT OF THE Committee OF PARLIAMENT. BY virtue of an Order of Parliament of the 10th of January 1651. we have taken into Consideration the Petition of the Participants in the Drainage of the Level of Hatfield Chace, and upon Examination of several Witnesses upon Oath, We find That the Petitioners at the Expense of 175046 or thereabouts, did Drain and lay Dry about 60000 Acres of Land, lying contiuguous within the Counties of York Lincoln and Nottingham, which Land was not worth before 3 shillings 4 pence per Acre, and made the same worth 10 shillings, 12 shillings, 16 shillings, and some 20 shillings per Acre. That in June 1642. the Petitioners had been in a quiet possession by the space of 10 years, of about 7400 Acres of that Land lying within the Manor of Epworth. That in 1642. John Allen, John Cross, Leonard Cowling, William Spaven, Thomas Noble, James Stokeham, Edward Baffendale, Thomas Meggot, Edward Wyldbore, Edward Earl and William Wake, Robert Hawksworth, Thomas Thomkinson, John Wilson, William Carrier, Robert Snell, John Garland and divers others, in a Tumultuous manner came into the Level within the Manor of Epworth, and there broke down the Fences, and put in their Cattle, and destroyed about 160 Acres of growing Corn and Rapes, and then divers of the Inhabitants of Haxey came in amongst them and continued Rioting from day to day till they had laid waist about 4000 Acres of the Drained Land, and pulled down several Houses thereon standing. That about that time Captain Kingman (since dead) with divers others of the Manor of Epworth, pulled up a Navigable Sass planted in Vickerdicke, which cost the replanting 27500 at the least. That shortly after Thomas Peacock, Thomas Burton and divers others, several days during the flowing of the Spring Tides, forced open a Sewer called Snow Sewer, planted upon the River of Trent for venting the waters out of the Level, and during the ebb shut down the inner doors whereby the waters could not get out; this course they used till they had drowned about 8000 Acres of Corn and Rapes then growing, and the Corn stacks generally half way, with most of the Habitations by the space of Ten weeks. That the Tenants thus expulsed from their Habitations complained to the Committee of Lincoln, who gave them an Order to open the Sluice and let out the waters, which Order being brought, the said Peacock, Burton and others, with Muskets defended the Sluice and refused to give obedience That in the year 1647. upon the Bill depending in the Exchequer, exhibited by the Petitioners against the Inhabitants, several Orders were made for the establishing the possession with the Petitioners, and Order given to the Sheriff to assist them, and then Daniel Noddel an Attorney at Law, Thomas Taukersby, Robert Browne, Thomas Hill of Epworth, and Richard Jarvis of Owston, with divers others, to the number of 400 persons, came upon the place Armed with Swords and Muskets to resist, whereby those Orders were fruitless. That the Petitioners being still kept out of their Possession, brought their Bill to hearing; then the said Daniel Noddel the Solicitor for these Inhabitants, got in to his assistance Lieutenant Col. John Lilburn and Major John Wildman, and while the Cause was hearing, the Inhabitants began to Riot on 3400 Acres which was yet kept up. That upon Complaint thereof to the Court of Exchequer, they sent an Injunction and a Writ of Assistance to the Sheriff, to quiet the possession till the hearing of the Cause, but in his presence the Fences are thrown down by multitudes, and the Riotors by force fetch away the Tenants Cattle and Impound them, and refuse to admit Replevins, and force them to Redeem them at what Rate they please. That the persons Acting in these last Riots on the 3400 Acres, were Thomas Hill of Epworth, Robert Johnson, Alexander Fox, John Watson junior, Thomas Glue, John Johnson, Richard Mane Constable, Richard Procter, Thomas Hallifax, William Elmer, John Artus, Jehosaphat Tayler, John Granger, Peter Clerk of Belton, William Robinson, Thomas Bernard, George Peacocke, Jeffery Whitaker of Epworth, William Whash of Belton, John Brock, Samuel Clayton, William Pepplewell junior, Ralph Wray, Alexander Fletcher, Charles Land, Robert Young, Robert Pycocke, William Pycocke, Robert Chesman, Alexander Pitts, John Foster, John Pettyner, Matthew Dale, John Robson, William Parkinson, Thomas Granger, John Hallifax, Charles Tea●e, Edward Hallifax, William Swindall, Henry Cleire, Richard Rose, William Thomson, Robert Teal, Richard Bernard, Thomas Clerk, Thomas Tailor, Matthew Hallifax, Thomas Davis signior, John Davis junior, Peter Bernard High-Constable, John Bernard, all of Belton: William Whiteacre signior, William Whiteacre junior, Thomas Browne, Alexander Maw son of John Maw, John Clerk, Alexander Clerk signior, John Loughton, Thomas Coggan son of George, George Chapman, Alexander Clerk junior, John West, George Cutforth, Alexander Cutforth, Alexander Chapman, Thomas Loughton, William Crashawe, Robert Foster, Thomas Stutting, Richard Bernard, Frances Isle, Robert wilson, George Wells, Peter Chesman, Richard Cocks and John Hall, all of Epworth: Simon Wright, William Moody, John Moody and Robert Moody of Belton: Richard Tailor, William Goldsmith, Charles Kelsey, Robert Barrow, John Wells, Gregory Johnson, Thomas Travers, Samuel Maggott, Roger Philipson, Robert Dawson, Thomas Cooper, Henry ●ayler, William Barker, Thomas Coggan and James Moody, all of Haxey. That the Tenants being thus Treated, repair several times to Michael Mouckton a Justice of the Peace, he refuseth to grant any Warrants, or Pursue any Legal course for their preservation, but on the contrary gives several Encouragements to the Riotors; and some of them being indicted at a Session for a notorious Riot, and found Guilty; it was moved by some of the Justices, that they should be fined 4 or 5 Marks apiece; the said Mouckton moved openly, that they should be fined but 6 pence, and it was carried, that it should be but 12 pence apiece. That in February 1650. upon full hearing in the Exchequer, a Decree was made for establishing the Possession with the Petitioners, which was published upon the place in the presence of divers of the Inhabitants, who having now gotten the influence of Lilburn, Wildman and Noddel, declared that they would not give any Obedience thereunto, nor to any Order of the Exchequer or Parliament, and said they could make as good a Parliament themselves; some said it was a Parliament of clouts, and that if they sent any Forces, they would raise Forces to resist them, and proceed to the defacing of the Church, and within ten day's time the total demolishing the whole Town of Santoft, and other Houses thereabout to the number of 82 Habitations, besides Barns, Stables and other Outhouses, pull down and break in pieces a Windmill, and destroy all the Corn and Rapes on the 3400 Acres. That the Damages by several testimonies appear to be 1000 and upward. That the Land being thus laid waist, the Church defaced, the Town with all the Houses, Mill and Outhouses depopulated, and Corn destroyed (Lilburn, Wildman, Mouckton, Noddel Confederating) an agreement is made with several men of the Manor of Epworth, that in Consideration of 2000 Acres of the Land so laid waste to be given to Lilburn and Wildman, and 200 Acres to Noddel, they should defend them from all those Riots past, and to that purpose were to maintain the said Inhabitants in possession of all the rest of the 7400 Acres before laid waist, and keep them dry, and Deeds Sealed accordingly. That then Lilburn and Noddel, Jasper Margrave and George Stovin of Crowle with others, come to Stantoft Church on the Lord's Day, where the French Congregation of Protestants were gathered, and forced them from thence, and Lilburn told them they should not come thither unless stronger than they. That then Lilburn and Noddel go to another Manor called Crowle, and there they agree with some of that Manor to assist them to get their Commons again, as Epworth had done, where they advise them that they should Impound the Tenants Cattle, and if they Replevied, to Impound them again and break their Fences, and eat up their Crops, and so tyre them out until they attorned Tenants to them, which they did accordingly. That the Tenants being thus terrified, and seeing their condition was to be like their Neighbours, they take Leases from Jasper Margrave, and George Stovin, who gave bonds to save them harmless, and so the Petitioners by the former force and this practice, were outed of their possession of both those Manors. That at the making of those Leases, Noddel declares openly in the presence of 20 persons, that he would lay 20 shillings with any man, that as soon as Lilburn came to London, there should be a new Parliament, Lilburn should be one, and call this Parliament to an account; further adding, that they had now finished this of Lincolnshire (meaning gotten the Land from the Petitioners) they would go into Yorkshire (meaning the rest of the Level) and do the like there, and then they would give the Attorney General work enough to do. That Noddel said at another time, that now they had drawn their Case, they would Print it, and nail it at the Parliament door, and if they would not do them Justice, they would come up, make an Outcry, and pull them out by the ears. That when they had made the Agreement before mentioned for the 2200 Acres to be divided as aforesaid, then Lilburn, Wildman and Noddel cause to be measured, and take into their Possessions the proportions above mentioned, and agree with several persons to Let proportions thereof, Lilburn repairs the House that was built for the Minister, and partly pulled down by the Riotors, and puts his servants into it to keep the possession thus attained, and having forced away the Minister and Congregation, employs the Church to the use of a Stable, Cow house and Slaughter-house, to lay hay and straw in. That Wildman being present at the Examination of several Witnesses produced by the Petitioners, who proved that Wildman was present when Lilburn made the bargain, that they two in Consideration of 2000 Acres to them, and 200 to Noddle, of the Land so laid waste, should defend the Inhabitants from all Riots past and to come, and at their charge maintain them in the Possession of the remaining 5200 Acres, all but the Charge of a trial that was to be in Michaelmas Term following; and that he was present when the Deeds were Sealed to Lilburn and himself of the 2000 Acres, both which he denied with great Imprecations and invocations of Judgements to fall on him, if he were either Party or Privy, or was to have had any advantage thereby, till a Deed was produced; which being showed him, he confessed to be his own Hand and Seal, in which he did Covenant as in that Deed is expressed. The Inhabitants say in their Defence, that the Lands before the Draining fed Cattle fit for the Butchers, but the Witnesses being cross Interrogated say, that it was overflown with water in Summer before the Draining, and that in May, June and July, and all the Summer long, they took Fish in several places, unless in a very dry Summer, and that they went in Boats Swan-hopping in Summer. They also say, that Snow Sewer was pulled up to defend the Isle from the coming of Sr Ralph Hausby then of the King's party. They also say, that the Sass was pulled up by the Command of one whom they knew not, but he told the Inhabitants that he was a Captain of Sr John Meldrums: Noddle in defence of his coming with 400 men to oppose the Sheriff, produceth Witnesses, who Depose they heard one say, Mr Gibbon sent to invite him to come, And in his Examination in the Exchequer, he saith, he came to apprehend Mr Gibbon upon a Warrant. Noddel also produceth Witnesses, who say he hath been accounted well-affected to the Parliament. But as to the Charges of Draining, the quiet possession of the Petitioners for ten years, the matter of Force and Riot, in destroying Corn, in opposing the Sheriff, and throwing down the Fences, pulling down the Houses and Windmill, and fetching away the Tenants Cattle by force, denying Replevins, depopulating the Town of Santoft, defacing the Church, forcing away the Minister and Congregation on the Lord's Day, the Contract of Lilburn and Wildman for 2000 Acres to them, and 200 to Noddle, the practice with the Tenants of the Manor of Crowle, the language spoken against the Parliament, and the Damage done to the Petitioners and their Tenants, no Defence is made. The Parliament being Dissolved before this Report was made to the House: the Council of State send for that Report, and made Reference thereof to a select Committee of the Council and joined Mr Scabell, and upon several Examinations of Depositions taken in the Court, and hearing of both sides, this ensuing Order was made. THE ORDER OF THE Council of STATE. THe Council of State having heretofore upon the Petition of the Participants, in the Draining of the Level of Hatfield Chace, in the Counties of York, Lincoln and Nottingham, preferred unto them the 14th of June last, relating unto a Report drawn up upon full hearing by a Committee of the late Parliament, concerning divers Riots and Outrages, and other unlawful Actions committed within the Isle of Axholm, by the Inhabitants and Tenants of the Manor of Epworth in the said County of Lincoln, and Misterton in the County of Nottingham, against the Participants in the said Draynage and the Improvement thereof; did thereupon refer the said Report unto a select number of Persons to be considered of, and they to report their Opinions concerning the same to the Council, who having compared the said Reports with the Depositions of Witnesses examined on both sides before the said Committee of Parliament, and also again heard what could be alleged on either side touching the said Report; have certified unto the Council, that they do find the substance of the said Report warranted by the said Depositions, and nothing materially objected by the said Inhabitants and Tenants against the same; and upon consideration of the whole matter, have certified their opinions, that the 7●00 Acres of Land in the said Report mentioned, aught to be settled in the possession of the Participants, and the same quieted with them; and that a special Commission issue to try the Ryoters, that as well the Offenders may be punished, as the Sufferers repaired in a Legal way according to Justice, as by their said Certificate Registered, together with the said Report amongst the Acts and Orders of the Council more at large appeareth: Of all which the Council having taken mature consideration, and approving the said Certificates, and the Opinions therein delivered; and finding by the said Report, that the said Participants have been by the Riotous tumultuary proceed and evil practices of divers persons in the said Report particularly named, violently thrown out of the possession thereof, the Corn and Rapes there growing to a great value wholly destroyed, the Houses there built by them for habitation in a great number, and even the whole Town of Santoft ruinated and demolished, and the Church defaced, the Sasses pulled up, and all the said Improvement endeavoured to be again laid waste, and the Participants kept from their possession thereof by force, notwithstanding a Decree made in the Court of Exchequer upon the said Improvement, and divers Orders and Injunctions since there issued for the preservation of the Participants possession, and prevention from those Riots and disturbances; which although seconded with Writs of Assistance to the Sheriffs, have been from time to time contemned and disobeyed, to the great affront of Justice, damage to the Commonwealth in general, and the prejudice of the Interest of the State in the Feefarm Rend of 1228 by the year reserved out of the said Improved Lands; all which hath been of late promoted by the countenance and encouragement of Lieutenant Colonel John Lilburn, Major John Wildman, and one Daniel Noddell a Solicitor; which three by compact and agreement with divers of the said Inhabitants, were to have and measured out to themselves 2200 Acres of the said Participants Lands for their reward in undertaking to defend the said Inhabitants from their Riots past, and to maintain them in possession of the rest of the said 7400 Acres against the said Participants for the time to come, as by the Report amongst other foul miscarriages and misdemeanours committed and done by the said persons and divers others therein particularly mentioned appeareth. The Council thereupon finding it necessary in this case, where the Decrees and Orders of the Courts of Justice have been with a high hand disobeyed and resisted, to the endangering of the Peace of the Commonwealth, through the opposition of turbulent and seditious spirits, to apply the Military Power in Aid and Assistance of the Civil Government and Execution of Justice; Do hereby Order, Require and Authorise the Forces of the Army quartering in the said Level of Hatfield Chace, or within the said Counties of York, Lincoln and Nottingham, or any of them, or any others that are or shall be in those parts, to be aiding and assisting to the Officers of Justice and the said Participants in Draining of the said Level, for settling, establishing and keeping the possession of the said 7400 Acres of the late improved Lands within the Manor of Epworth in the said Report mentioned with the said Participants, and also for executing the Decrees and Orders of the said Court of Exchequer, or any other Courts of Justice touching their possession therein, and for preventing such Riots and Outrages for the future, and in respect of the great Damage suffered by the Participants and their Tenants, it is further Ordered, That the Commissioners of the Great Seal for the time being, do Award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties, to try the Ryoters, and to punish them according to Law and Justice; and to inquire of the Damages suffered as aforesaid by the Participants and their Tenants, to the end they may have just Reparations for the same. Given at the Council of State at Whitehall the 31 day of August 1613. Signed in the Name, and by Order of the Council of State. Anth. Ashly Cooper. John Thurloe Secretary. Wednesday 31. August 1653. At the Council of State at Whitehall. Ordered, THat the Report made to the Council concerning the business of Hatfield Chase in Lincolnshire be humbly presented to the Parliament, and Colonel Thomlinson is desired to present the same accordingly. But notwithstanding this and the former Orders and Letters of the Parliament and Council, the said Inhabitants still continued in their riotous and rebellious posture, not giving any obedience unto them, not the Decrees and Orders of the Court of Exchequer, nor Precepts of the Court of Sewers, standing in defiance and opposition to all Authority. Upon the Petition of the said Participants, and their Tenants, and Remonstrance of the Commissioners of Sewers to His Highness and Council; An Order of reference was made the 15th of April 1656. to the Lord Commissioner Fines, Lord Lambert, Major General Desbrough, Lord Lisle, Lord Strickland, or any three of them, to consider of the said Petition, and report there opinion therein to the Council; whereupon the said Lords request Major General whaley to call both Parties before him, and to examine the whole matter in the said Petition set forth, and make report thereof unto the said Committee: which accordingly he did. The Remonstrance of the Commissioners of Sewers. May it please your Highness: IN pursuance of your Highness' Letters Patents bearing date the sixth of July last, Impowring us amongst others, to provide for the safety and preservation of the Westriding of the County of York, as also of the Improved Lands within the Level of Hatfield Chace and parts adjacent, within the Counties of York, Lincoln and Nottingham; as also by virtue of several former Commissions, several Rates or Scots have been imposed by several Decrees and Laws of Sewers, according to the tenor of the Statute. But when the Officers appointed thereunto, endeavoured the collecting and distraining for those Rates assessed upon the Improved Lands within the Manner of Epworth in the Isle of Axholme and County of Lincoln aforesaid, several the Inhabitants of the said Isle have evilly entreated, menaced and wounded the said Officers and their Assistants, and riotously rescued their distresses from them: And being not contented with their having in a forcible manner dispossessed the Participants of the said Improvement of 7400 Acres (or thereabouts) of their Lands, as we are credibly informed; for which, and divers other offences, they are excepted out of the general Act of Pardon; they have necessitated the said Participants, with their remainder of their Improvement in the other Counties, to maintain the banks for preservation of those Lands so taken from them: And notwithstanding their former misdemeanours did too sadly presage their future disobedience; yet hoping, what with earnestness we desired, a change of spirit in them; we requested our worthy friend Nathaniel Reading Esq; (being both a Commissioner and Participant,) to see to the getting in of the Assessments charged upon the Lands aforesaid; and upon his acceptance, empowered him accordingly; requiring the Sheriffs of the County to be assistant to him therein: But when the said Mr Reading had distrained several of their Goods, some of the Inhabitants of the said Isle, to the number of One hundred or thereabouts, with Swords, Pistols, Carbines, Halberds and other Arms, at Hatfield in the County of York, on the 2●th day of Octob. last, about the hours of Twelve or One in the night, did assault or set upon the persons appointed to keep the Cattles, and having dangerously wounded several of them, and amongst others the Constable of the said down, who in your Highness Name charged them to keep your peace, with many other heinous circumstances of the Riot, carried away the goods. And when on the 19 instant, the Sheriff of the said County of Lincoln, in pursuance of our Precept, assisted the said Mr Reading in the taking of another distress, several of the Inhabitants aforesaid, to the number of 40 or 50, being armed as aforesaid, came in a riotous manner, and being charged by the Sheriff in your Highness' Name, to lay down their Arms and repair to their several dwellings, they not only refused to give obedience thereunto, but some of them with scandalous and opprobrious language of the person of your Highness, and with divers affronts and menaces, caused the Sheriff and his company to departed away for fear of their lives, and rescued that distress likewise; insomuch that several persons, as well Officers as others, have upon their Oaths in open Court declared, that they dare not go into the Isle aforesaid, upon execution of certain Orders to them directed, without manifest danger of their lives. In our reflection upon these miscarriages, our 〈◊〉 ●avours to vindicate the Authority of your Highness' Commission, a●●●●ing ro the power we derived thence, have not been less than our te●●●●ess of giving your Highness the trouble of their cognizance; nor is 〈◊〉 regret to find so absolute a necessity thereof less than either. But not being able ro accomplish all those ends for which by the said Commission we are entrusted, without getting in the arrears aforesaid, and making the said Lands contributory for the future to the public Works, as the rest of the Improvement is; nor being able to do either without some extraordinary Assistance to the Civil Power. And fearing lest their violence should aim at the further discomposure of the public peace, as by some of their scandalous and rebellious speeches against your Highness too evidently appears: The duty we always shall have for your Highness and the tranquillity of this Commonwealth, commanded us this Account with the Particulars annexed, in detestation of such evil practices, and apprehension of their evil consequences, Doncaster the 25th of January 1655. Darcy Wentworth. Sam: Bolles. Will: Addams. Sam: Lister. Hen: Perkins. Mar: v: Walkenbroughe. Richard Burdet. Edward Nevil. Rob: Lee. Jo: Vincent. Joseph Thoresby. John Cross. The Report of Commissary General whaley. IN pursuance of your Order of the 15th of April 1656, requiring me to inquire into the business of the poor Protestant strangers French and Dutch, Inhabitants within the Level of Hatfield Chace and parts adjacent within the Counties of York, Lincoln and Nottingham, and to certify the state thereof to your Lordships; I have summoned divers Persons, as well on the behalf of the Defendants as Complainants, before and upon the hearing of the matters on both sides, do find and humbly certify; That in October 1650. the Inhabitants of Belton and Epworth in the Isle of Axholme (among whom were Richard Maw, Thomas Barnard, and William Robinson of Belton,) did put in great numbers of Cattles into the Frenchmens Corn, viz. Wheat, Rye and Rapes, to the quantity of 800 or 900 Acres or thereabouts, and kept the Cattles in the said Corn till June following. I likewise further find, that the Inhabitants of the Isle (amongst whom were Robert Barnard and Jeffery Whitacre of Belton,) did pull down a Windmill of John Amery a French man's near Sandtoft, worth as is conceived 150; as also that divers came from Belton and Epworth, and betwixt the 11th day of June 1651. and the end of that month, pulled down 84 dwelling Houses, besides Outhouses. And the said Robert Barnard, did with an iron maul, break down the planks of a Chamber, and told the rest of his company, (being about 50 in number,) that they might do so. And I do further find, that a very great Riot was committed at Santoft in the said Isle on the 19th of October, being the Lord's Day, in the year 1651. divers of the Inhabitants of the Isle, with Lieutenant Colonel John Lilburn, and Mr Noddel coming thither, who placed two men with their Swords by their sides at the Church door; the said Lieutenant Colonel Lilburn saying, that he was a 〈◊〉 Householder in the Isle as well as the rest, and that they came to take possession 〈…〉 the Church, and that the Minister should not preach there, nor the people hear, 〈◊〉 ●ot they were stronger they; upon which the people and Minister went away 〈◊〉 ●d lastly, I do find, that on the 21th of Janury 1655. divers of the Inhabita●● 〈◊〉 the Isle, purlled down and break in pieces, the windows, doors, seats, and Pu● 〈◊〉 that Church; and that some of those men discharged two Guns at Mr Readins man, Mr Walkenburghs man, and Peter de Rat a Dutchman; and so followed them with their Guns cocked half a mile together, crying, Shoot again: and afterwards returned to the Church, and gathered the broken pieces of the doors, windows, Pulpit, etc. and laid them on heaps in the middle of the Church, and set them on fire. These Particulars have at large been made out to me by several Witnesses, on the behalf of the Complainants, as also by the confession of some persons against whom the Accusation was brought, and not denied by any: all which I humbly submit to Your Lordships, etc. June the 12th 1656. Edward whaley. And upon all former Proceed, His Highness' Council proceeded and made this Letter following to the said Commissay General. SIR, THe poor Protestant Strangers, French and Dutch, inhabiting within the Level of Hatfield Chace, and Parts adjacent in the Counties of York, Lincoln and Nottingham, have addressed themselves by Petition to His Highness, complaining of the great interruptions received by them from the Inhabitants of the Isle of Axholme: both in reference to the free Exercise of their Religion, and enjoyment of their Estates; upon Consideration whereof, and of a Certificate from Yourself; mentioning the great Disorders and riotous Proceed of the said Inhabitants; as also of several accounts from the Commissioners of Sewers, and the Sheriff, intimating the violences and opposition which hath been offered by the said armed Inhabitants, to the Officers of the Courts of Justice; and requesting some Military Assistance, to the Civil Powers; His Highness and Council, seriously resenting the evil consequences of such miscarriages, have thought fit in a special manner, to recommend it to You, to improve Your Endeavour upon all occasions to prevent all such further Riots and Disorders in those places; and in order thereunto, to punish such scandalous disobedience according to Your instructions, and not to suffer the said Inhabitants to keep by them any Arms or other Instruments, for the further acting of such Disorders; as also to give order to some of Your Regiment to be effectually aiding and assisting, to the Sheriffs of the respective Counties within Your association: or the Deputies and Collectors of the Court of Sewers, for the putting in Execution from time to time the Decrees, Precess, and Orders of any His Highness Courts at Westminster, or of the Commissioners of Sewers; to the end, the Improvers Just Rites may be restored according to Law: and likewise, that the said Strangers may have the peaceable Exercise of their Religious Worship in, the place designed for the public Exercise thereof. Whitehall the 21th Aug. 1656. Signed, etc. To Commissary General whaley, Major General of the Counties of Nottingham and Lincoln. Page 1. line 17. for 600000 read 60000. line 22. for Commissioners read Commoners line 31. for washeses read wastes. FINIS.