TO THE PARLIAMENT OF THE Commonwealth OF ENGLAND, And every individual Member thereof. THE DECLARATION OF DANIEL NODDEL Solicitor for the Freeholders and Commoners within the Manor of Epworth, in the Isle of Axholm, in number about 1200 besides new erected Cottages, on the behalf of himself and all the said Commoners: discovering the plot and design of Master John Gibbon and his fellow-projectors to gain a possession of the said Freeholders ancient inheritance in their commonable grounds there, contrary to law. Printed at London, and are to be sold at the seven stars in Paul's Churchyard, near the great North-door, 1653. The Declaration of Daniel Noddel Solicitor for the Freeholders and Commoners within the Manor of Epworth, etc. Right Honourable, YOU are under God, the supreme power of this Commonwealth of England, and the grand trusties 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 Manor of Epworth, in the Isle of Axholm, for whom I have been entrusted now almost eight years as Solicitor, 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 honours have all heard of a pretended great Riot some years past. committed in the said Isle, for that hath been cried up into the late Act of Oblivion, wherein there is an exemption from pardon touching the pretended Riots in those parts; but I am persuaded that you have not heard half so much of the proceed 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 controversy 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 about twenty years since the Freeholders were dispossessed by force of Arms, under colour only 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 again (as worms trod upon will do) in the just defence of their undoubted right of possession, when they could have no proceed 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 enforced by Pursuivants and Sergeants at Arms to lie from their habitations in the fields under hedges, being usually termed rebels, and threatened to be hanged at their doors, and plagued with multitudes of Star-chamber process; some forced to fly 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 mortgage their lands to purchase and unjust peace against the villainous and tyrannical forcible entries, and intrusions, arrests, and imprisonments brought upon them by the said participants contrary to law. No, Right honourable, The plot and design of the Undertakers (especially that Machiavelli 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 hoodwinked (I desire to use it with reverence) to the intent you shall but only see an ugly shape of a late pretended Riot, 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 proceed that have been had at law, whereby they have recovered them. No, these must all lie whist and damped with the great noise of a Riot, 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 fit for dog-kennels (as my friend Master Spittlehouse hath set forth) then to come in competition with those great Riots committed by the projectors at their first entrance upon those grounds, in the horrid massacres, forcible entries, intrusions, imprisonments, and oppressions aforesaid. I say, the said report will present only to your eye the mention of a Riot, nothing at all of the title and proceed 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 settled 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 Riot, 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 honours 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 aim 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 Manors, 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 honours, 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 honours 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 endeavour to usurp a possession. And next thereunto, I shall humbly and truly inform your honours of the proceed, that have of late years 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 gone both in law and equity) to gain a possession merely upon the score of a Riot 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 Manor of Epworth, in the Isle of Axholm, have time out of mind had common appendent to their several tenements, for all manner of , levant, and couchant thereupon, at all times of the year, in and through all the wastes and commonable grounds within the said Manor (whereof the grounds in controversy are the greatest part, and was always 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 years since, grant unto the Freeholders by an ancient Charter in French, but here translated into English by William Riley, keeper of the Records in the Tower, as followeth. THis Indenture between their thrice honoured Lord Sir John Mowbray, Lord of the Isle of Axholm, and of the honour of Brember, of the one part; Rawlin of Brumham, William of Brumham, Roger of Brumham John of Thetilthorp, Thomas Melton, Jeoffery Laundels, Vincent Bavant, John Gardner, John Cutwulf, Rich. of Belwood, and John at Hagh his Tenants of the Isle of Axholm and all the Tenants and resiants within the said Isle, on the other part, witnesseth, That all the said Tenants and resiants have supplicated their said Lord Sir John Mowbray to have remedy of divers claims touching their right, and divers debates and grievances to them made by the Ministers of the said Lord Sir John Mowbray; upon which supplication it is agreed that the said Sir John Lord aforesaid hath granted for him and for his heirs to the said Rawlin, William Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John, Tenants aforesaid▪ & to their heirs & to all having their estate or parcel of their estate, and to all the other tenants and resiants within the Isle of Axholm, and to their heirs, and to all that hereafter shall have their estate, all the things underwritten. That is to say, That the said Sir John nor his heirs shall not approve any waste, Moors, Woods, Waters, nor make or shall make any other approvement of any part within the said Isle of Axholm. And that the said Rawlin, William Roger, John, Thomas, Jecffery, Vincent, 33. Ed. 3. Note that at that time the Freeholders had had Common time out of mind. John, John, Richard and John, and their heirs, and those that shall have their estate, or parcel of their estate, and all other Tenants and Resiants within the Isle of Axholm, shall have their Common, which is appendent to their Free-tenement, according to that which they have had and used time out of mind. And also that the aforesaid Rawlin, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard and Joan, and their heirs, and all those which their estate, or parcel of their estate shall have, and all other the tenants and resiants within the aforesaid Isle, may dig in the Moors and Marshes, Turfs, Trees, and Roots, found within the Soil of the said Moors and Marshes. And that one pound, containing one half acre, be made at the cost of the said tenants, and maintained hereafter by the said Lord and his heirs in Belton-car, and one other in Haxey-car, containing as much, and that they be made in places for the most ease of the said tenants. And that no chase of beasts of commoners be made but once a year, and that the said Beasts be not otherwise driven but to the Pound of the Pasture where they shall be taken, and there the beasts of the said Tenants to be delivered by the tenants aforesaid, or by their servants: and saving always to the said tenants, and to their heirs, and to their servants, that they may take their beasts and receive them in the Drift, or before the drift, so that the drift of beasts of strangers be not thereby disturbed. And that in the severalities of the said Lord adjoining to the places in which they have Common, which are open and not enclosed, no beasts of the said tenants and Commoners be taken nor impounded, but easily driven out. And that the said tenants and resiants, and their heirs, and all those which their estate, or parcel of their estate shall have, may dig and take Turf or other Earth, for the walls of their houses, and for all other necessaries of the said houses, and for to enclose the walls of their Messages or Mansions. And to dry Flags in all the said wastes, for to cover the ridges of their houses and walls; and for bringing of Trees to repair the river of Trent, where cause of repairing is, and to make them new. And that the said Rawlin, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard and John aforesaid, and all other the Tenants and Resiants, their heirs, and all those which shall have their estate, or parcel of their estate hereafter, be not for the future amerced or grieved for default of not appearing to ring their swine. And that they may put hemp to be rated in all the waters of the Isle, (except the Skires which are severed to the said Lord Sir John Mowbray) and that the said Lord nor his heirs, nor his Ministry make no molestation nor grievance to the dogs of the forenamed Tenants and Resiants aforesaid, nor to their heirs, nor to those which shall-have their estate, or parcel of their estate; and if they do, the Tenants shall have their recovery at the common law. And that the aforesaid Rawlin, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard and John, Tenants aforesaid, and all the other Tenants and Resiants, their heirs, and all those which hereafter shall have their estate, or parcel of their estate, may fish through all the waters and wastes of the said Isle, without impediment of the Ministers of the said Lord Sir John Mowbray, except the Skires aforesaid. And also that they may dig Turf, and all other manner of earth, in all the wastes aforesaid, to carry and improve their land at their pleasure. And that none of the Tenants aforesaid, or of their heirs, or of those having their estate impeached of Trespass by the Ministers of the said Lord, be amerced for Trespass without answer given in Court; and then by their Peers to be fined and taxed if they be amerciable. And the said John granteth that all the Tenants and their heirs, and all those which shall have their estate, which are bound to enclose the Woods of the Lord, may take Underwood to make them new hedges, or to repair them, as much as shall be necessary, That is to say _____ This blank place cannot be read in the Deed. in the places of the said Woods _____ of the said Tenants, their heirs, and of those which shall have their estate, without being impeached or grieved by the Ministers of the said Lord Sir John Mawbray. And the said John granteth for him and his heirs, that all the things & Articles aforesaid be of effect and force in the law, as well to those which are generally named Tenants, and their heirs, as those which shall have their estate, or parcel of their estate, as to those which are named by proper names, and their heirs, and those which shall have their estate, or parcel of their estate. And if in the Articles aforesaid, there be any point, which may have divers interpretations or intendments, that it shall be taken to the best advantage of the names or of the Tenants aforesaid, and of their heirs, or of those which shall have their estate, and not otherwise. In witness whereof, the Parties aforesaid have interchangeably put their Seals. Given at our Manor of Epworth the first day of May, in the year of the Reign of Edward the Third, after the Conquest, thirty three. 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 Manor till now of late, that the projectors usurped a possession against law. Upon that Deed, when I first undertook to Solicit 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 show: saith he, I think it doth, if the Lord Mowbray had estate in Fee. For as I conceive it is more than a covenant, and makes the improvement by the King unwarranted by Merton or any other Statute. Ro. Berkeley. Master Hale gave his answer (which I have also under his hand) thus: saith he, I conceive the Deed is a real discharge and binds the lands into whose hands soever it comes, and consequently the king cannot improve. He further adds, That he conceives the benefit of this Deed extends to all the tenants, aswell those that are not named, as those that are named, and gives his reasons. 1. Because the Lord cannot enclose against those that are named, and consequently there can be no improvement against any. 2. Which he saith he principally doth rely upon, because it is a real discharge of the waist of that liberty of improvement, which the statute gave him; and that though tenants be not a sufficient name of purchase at this day in point of interest, it is in point of discharge. Math. Hale. 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 died seized of all the said Isle; and namely, In bundello Escaet. de Anno Regni Regis Edw. tertii quadragesimo tertio, par. 2. num. 7. sic continetur. Inquisitio capta apud Kirton in Lyndsey die Sabbati prox. ante festum Annunciationis beatae Mariae virgins, Anno Regni Regis Edw. tertii post conquestum quadragesimo tertio, coram Waltero de Kelsey Escaetore Domini Regis in Com. Lincol. virtute brevis Domini Regis eid. Escaetori direct. & huic inquisitioni consuti per sacramentum Richardi de Belwood, This Belwood and Melton are two named in Deed of Mowbray. Willthelmi de Burnham, Johannis Fowler, Thome de Melton, Johannis Tanchard de Eppworth, Will. Grace de eadem, Will. Bellingham de eadem, Will fili●● Gilberti de eadem▪ Will. Elers de edem, Johannis Bird de eadem, Henrici Withe de eadem, & Roberti de Swynton de eadem, Jurat. qui dicunt super sacramentum suum, quod Johannis de Mowbray Chivalr. defunctus, obiit seisit de Insula de Axhol●. etc. Et dieun●, quod Johannes, filii praedicti Johannis de Mowbray est filius & haeres predicti Johannis de Mowbray Chr. defunctus pro●inquior, & est aetatis quinque Annorum & amplius. In cujus rei testimonum predicti jurat huic Inquisitioni sigilla sua apposueris. etc. In bundello Escaet. de Anno sexto Richardi secundi, nu m. 58. _____ continetur sic. Inquisitio capta apud Gaynsburgh die Martis prox. post festum sacrae Petronellae virgins, Anno Regni Regis Richardi secundi post conquestum sexto coram Will. de Skipwith Escaetore domini regis in come. Lincol. virtuta brevis dict. Domini regis eidem Escaetor direct. per sacramentum Roberti Sheffield de Butterwick, etc. Qui dicunt super sacramentum suum, quod Johannis Mowbray Chr. obiit seisit de Manerio de Epworth cum pertinent. ut de feodo in Insula de Haxiholm, etc. post cujus mortem dominus Rex Edvardus aevus Regis nunc seisivit manerium predictum cum pertinen. etc. ratione minoris aetatis Johannis Mowbray commit. Nottingham fill. & haered. dict. Johannis Mowbray Chr. qui mortuus est etc. The long continued race of the mowbray's, Dukes of Norfolk also appears in the Tower to be Lords of the said Manor, and how John Lord Mowbray, father of this John that made the Deed, being in rebellion with those Barons that accompanied 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 Manor 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 Manor, by some of the chief Freeholders, who had the keeping of the keys, which chest stood under a window, wherein was the portraiture 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 wastes as lord appears by many ancient Deeds, bearing date before this Deed, yet extant in the Isle; whereby after he had enclosed the same, he granted to others those enclosures. The Freeholders had a Trial, 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 coheirs 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 lieth entombed in the Parish Church of Belton, in a Tomb called Belwood Tomb; 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 years since had, derived to him by Deeds under seal; and is also of blood unto him lineally descended from him. This is the first Trial that the Freeholders could ever obtain in twenty year's time; at which Trial 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 trial 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 years in hearing; and the Decree made upon the full hearing thereof in Feb 1650 doth establish the possession no otherwise with the Participants, than 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 controversy in the possession of the Freeholders, and that decree gives way to go to Trial 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 when the report shall be brought in. And now may it please your honours, I shall truly inform you of the proceed at law, in a brief thus, viz. In Hillary Term, 1645. the Freeholders 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 falsely suggest) the participants exhibited an English Bill in the Exchequer to stay those suits at law, and to have the possession of the whole seven thousand four hundred acres in controversy 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. Says 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, than 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 years before the Bill was exhibited in the Freeholders' possession, in which case all restitution of possession, under colour of a Riot, is by law excluded. Note also, That Decree gives way to the Freeholders to go to trial 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 Rioter. 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 Riots 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 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 forty shillings costs to the Defendant. Right honourable, now I have informed your honours 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 witnesss no way interested if Master Say have taken the depositions, or rather returned them aright, as they were or aught 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 margin of the report or a copy thereof thereby to delude the Honourable Committee of the Council of State, and left out many of the witnesses whose testimonies make against them, and by concealing the Decree and other writings in Master Says hands, and other the means aforesaid, have obtained a second report; of all which I am bound in conscience to inform your Honours, lest by silence, ignorance destroy this cause, and lose the Freeholders' possession, which must needs attend those reports to your Honours, if nothing else should appear but the ugly shape of a pretended Riot; for by Master Says report only, the plot is so laid, that your Honours cannot possibly see the truth, and the Freeholders have cause ●o fear an Honourable and brave Worthy, seeing nothing but a pretended Riot (and being joined with Master Scob●l your Clerk, as of the Committee of the Counsel of State, and never knowing how the proceed 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 honours 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 , fat for the Butcher. 3. That the very best ground was taken from the Commoners. 4. That the Freeholders cannot keep half the 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 out in foreign 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 elsewhere in foreign places, merely because of oppressions in these particulars. 7. That the Participants have taken away the very heart of the ground. 8. That the South part of the Manor 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 Manor of Epworth, to drain Hatfield Chase, and many other Manors that lie on the West of the said Manor, 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 Manor of Epworth, Hatfield Chase, and those other Manors 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, john Tompson, William Wells, Thomas Farr, John Francis. and terrified and affrighted from their habitations by Sergeants at Arms, and Pursuivants, and enforced to lie in the fields under hedges, and many wounded. 12. That the Participants have been at no more charge in the Manor of Epworth, then cutting a drain of four miles: Thomas Tailor. Thomas Todd. And that they have stopped up some ancient Sewers that were as useful in the Manor. 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 honourable Committee of the Council 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 honours in no other shape and form then Master Say hath dressed it, I cannot but see how ruin 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 entrusted now almost eight years as Solicitor, and it concerns also myself for this cause sake very nearly, as your honours 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. To the Supreme Authority of this Nation, the Parliament of the Commonwealth of England. The humble Petition of the Participants in the Draining of the Level of Hatfield Chase, in the Counties of York, Lincoln, and Nottingham, whose names are hereunto subscribed, on the behalf of themselves and others, Sheweth, THat the Petitioners, and these under whom they did claim, did about twenty four years since, at the expense of near two hundred thousand pounds, drain and lay dry sixty thousand acres of ground in the said Level then drowned, and of small value, and made the same worth ten shillings, twelve shillings, and sixteen shillings the acre. And as a recompense for their said charge, hazard and travel in so public a work▪ the proportion of about twenty four thousand acres of the said lands; whereof seven thousand four hundred acres of the wastes of the Manor of Epworth was part, was settled upon them by good * Note that the Participants notwithstanding this, durst not produce either their Patent or any other pretended assurance at the time of the examination; neither were the Freeholders suffered to make forth their title, done by it. assurances in the law, as will appear to your honours upon the examination thereof, and are too long here to insert: and according to the said assurances, the Petitioners had quiet and peaceable possession of the lands, and so enjoyed the same for many years, and divided, improved and planted the same, and in particular, upon the seven thousand four hundred acres of Epworth, built a Church, † This Church is yet unpaid for, the man that built it, was un. and about one hundred and sixty habitations and have constantly paid the rent of 1228 l. per ann. which was then reserved upon the said whole proportion, and now payable to the State for ever. That in the year 1642 in time of the war, some of the inhabitants of the Manor of Epworth, by the instigation of one Daniel Noddel an Attorney at law, did rise in tumults, and laid waist about four thousand acres of the said seven thousand four hundred acres; demolished the buildings and destroyed the crops of corn and Rapeseed, growing thereupon: for redress whereof, and establishing their possession the petitioners exhibited * This bill was exhibited for stay of the Freeholders suits at law in Trinity Term, 1646. when the Freeholders had had possession above four years before. their bill in the Court of Exchequer, who granted several Injunctions, and made several Orders to the Sheriffs for quieting the possession; but the tumults growing too great to be suppressed by the ordinary Courts of Justice, the petitioners had recourse to the Parliament, who were pleased to make several Orders † They never had any order of Parliament, but out of the House of Lords upon a supposed Riot, which being heard at the Lords Bar, the parties complained on were dismissed, and are now for that very thing complained on. therein for relieving the Petitioners; which likewise were contemned, and the petitioners by force still kept out of the possession of the said four thousand acres. That the Ryoters seeing them go unpunished for their former insolences and rebellions against the law and government of this State; and having now got the countenance of Lieutenant Colonel Lilburn, and Major Wildman, did in October 1650. whilst the cause was hearing in the Exchequer, rise in tumult, and destroyed the Corn and crops growing upon the residue, being about three thousand four hundred acres of the said seven thousand four hundred acres; whereof the Court being informed, granted a * This writ gave no power to the Sheriff, but against such as were parties to a decree in the Exchequer, in the twelfth year of the late King, which Master Gibbon dare not produce, and those which then put down the banks, did it in a peaceable and legal way, and were no parties to that Decree. Writ of assistance to the Sheriff, to quiet the possession, who comes upon the place, and is there resisted, and in his presence the fences thrown down. In Hillary Term 1650. the Court upon full hearing, † By this Decree the court doth establish the possession no otherways with the Participants, than it was when the Bill was exhibited, at which time the four thousand acres aforementioned in this petition, had been in the possession of the Freeholders near five years. Decree and establish the possession with the petitioners, which decree coming to be published on the place (having now the influence of Master Lilburn, these ryoters with high and reproachful language, contemn it: and being advised to give obedience, or else the Parliament must be acquainted with it, they answered it was a traitorous order, and that they would obey neither Barons nor the Parliament, and that they could make as good a Parliament themselves; and that if the Parliament sent forces against them, they would raise forces and resist them and then proceed to demolish the houses of the town of Santoft with a * And was not the wind emill, and all the houses worthy to be removed (though not in that manner) when there was neither law nor equity they should stand? Alas poor commoners! the fault (if any) was in this, that (after twenty year's time you could have no trial, and Master Gibbon saying you should never have any so long as you were quick) I say the fault of a few of you was in this, that you did it by force, for which I hope there is mercy to be had. windemill and deface the Church. † The houses were built of the Freeholders own wood, taken out of the ground. , all built by your petitioners and their tenants. Then your petitioners applied themselves to the Council of State who were pleased to send an order to the Sheriff of the County of Lincoln on the petitioners behalf, but during those transactions the ryoters in contempt of authority and law broke the houses, fetch away the tenants cattle and impound them, and would admit of no * The Participants dare not try the cause, either by Replevir or otherwise at law; if they will, we offer it when they will. Replevines, but forced them to redeem them at what rate they pleased; and proceeded to demolish all, both houses and barns and all other buildings, and destroy all the corn there growing, and fetch away the materials of those buildings by force. to the damage † What damage can be done to those that have no title? of the petitioners & their tenants in the whole forty thousand pound. besides the damage to the Commonwealth in general, by destruction of so many habitations and blows for tillage and husbandry. The whole proportion of seven thousand four hundred acres within this Manor being thus laid waist, the said Lilburn, Wildman and Noddel, with divers of the Ryoters ride and view it, and then they make agreement with divers of the most notorious ryoters, that for two thousand acres of that land to be given to Lilburn, where he would make election, and 200 to * I refer this to the contradiction of the Participants own witness in the depositions, and upon a fair examination shall produce many witnesses, that there was no such agreement made, and God will one day reveal it, whether any such agreement was made, and how the witnesses were in that point wrested. Noddle, † Neither is there the least proof, that the 200 acres were given to me upon any such score, if the depositions were truly taken, whereof yet I never had copies. they would defend them against all fines and other troubles concerning the Riots before mentioned, and defend them against these petitioners for the other five thousand two hundred acres. And presently after this, they took the same two thousand two hundred acres into their possession, worth at least 1600 l. per an. and so made at the charge of the petitioners, and have contracted to let proportions, and have entered upon one house, and re-edified the same, and keep possession thereof. And on the 19 of October last, being the Lords day, Lilburn with a great number armed came to the Church, and there forced away the Minister and congregation, saying, He should not preach there unless they were stronger than he; and now makes it a place to lay his hay, and a slaughter house to kill in. And during his abode in the Country, practised with the inhabitants of other Manors to do the like as Epworth had done, saying that decrees were illegal. And to make the present Goverument odious, speaks high reproachful and seditious language against the Parliament and present government, as will appear upon examination. The Petitioners most humbly beseech your honours to take into your consideration, 1. The great disobedience to the Parliament and Courts of Justice, and contempt of present Goverument. 2. The great damage to the Commonwealth in general, and in particular to your Petitioners and their tenants, to the value of at least forty thousand pound. 3. The consequence of such unparallelled and rebellious riots, and to direct such a way for the Petitioners reparation and damage, and future preservation of this level, as to your grave wisdom shall be thought meet. And your Petitioners shall pray &c 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 only the visible prosecutor) will so own it, as to be answerable for those great expenses that the inhabitants have been and are drawn 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 mixed together in the report, as ryoters, without knowing their particular charges, which certainly is contrary to all proceed 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 surname, 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 carried 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, than said it was in vain for to fit. And howsoever for my own particular, I may lie under censure by reason of this petition, and the proceed 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, locked up and imprisomed the truth of above twenty witnesses which the Freeholders had attending here in London about a twelvemonth since, near half a year before they could be examined, and yet Master Gibbons witnesses in a month's time at the most, had a quick dispatch, and Master Say and Master Darley have stretched out near 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 fairly 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. And now after I have shown both the legal and equitable part of this business on the behalf of the Freeholders, according to proof upon record; I beseech your honours 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 have * Witnesses Robert Dyneley, John Barnard Esq. Timothy Ellis, clerk, 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 elsewhere 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 passed my defence very slightly 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 month's imprisonment here in London, upon a full hearing of Council 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. Glue cross examined. whereby his readiness of inclination to the King of scott's 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 Arms in his assistance; I say, whether that was not as fit to be reported as some words they do report; howsoever, Rich. Glue. 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 testimony of 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 honourable Committee of the Council 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 reinforce the Decretal order of Febr. 1650, mentioned in Master Says 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 again 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 Sergeant's Inn in Fleetstreet (Master Hillary and Master pain, the two Attorneys in the cause, being persent, and I in the room behind) and if he do deny it, he may aswell deny his daughter in law (his wife's daughter, the widow of Master Abraham Vernat, who was a Participant, and 2 Captain in Arms 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 writ, and it is my credit I live by; and though I be endeavoured to be rendered odious and clamorous by Master Gibbon, yet I am entrusted 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. I should not have been forward thus to have vindicated myself 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 satisfy George Shires Esquire, one thousand two hundred pounds' debt, and nine pounds' damages. 2. And with Execution to satisfy Sir John Littcott Knight, six hundred pounds debt, and six pounds' damages. 3. With Execution to satisfy Thomas Squire, two hundred pounds' debt, and thirty shillings costs. 4. With Execution at the Suit of Richard Read, for four and forty pounds' debt. 5. With Execution at the suit of William Willett, for two hundred pounds' debt, and thirty shillings costs. 6. And at the suit of William Denton, and Katherine his wife, Executors of John Bert, for two hundred pounds. 7. And at the suit of Richard Lane Gentleman, for two hundred pounds. 8. And at suit of William Brown Esquire, in trespass upon the case, for a thousand pounds. 9 And at suit of James le Roy for fifty pounds. 10. And at suit of Jessenben Sabbatt for fifty pounds. 11. And at suit of James leonard's for thirty pounds. 12. And at the suit of Henry Cromwell, and Dame Elizabeth his wife, late named Elizabeth Lucy, for four hundred pounds. 13. And at suit of Thomas Drinkwater for six hundred pounds. 14. And at suit of the same for sixty pounds. 15. And again at the suit of the same for sixty pounds. 16. And at suit of the same for sixty pounds. 17. And at suit of the same for sixty pounds. 18. And at suit of the same for sixty pounds. 19 And at suit of Edward Dixon Esquire for an hundred pounds. 20. And at suit of the Lady Katherine Dyer widow, for two hundred pounds. 21. And at suit of John Curson for two hundred pounds. 22. And in Execution at the suit of Edward Dixon for an hundred pounds. 23. And at suit of Henry Cromwell, and Elizabeth his wife, late named Elizabeth Lucy for four hundred pounds. 24. And at suit of the Lady Dyer for two hundred pounds. 25. And at suit of Barth. Hall for eight hundred pounds. 26. And at suit of john Marsham and Ferdinando Marsham for fifteen hundred pounds. 27. And with Execution at suit of Edward Dixon Esquire for an hundred pounds' debt and seven pounds' damage. 28. And with Execution at the suit of Barthol. Hall Esquire for eight hundred pounds debt, and one pound one shilling costs. 29. And with Execution at the suit of john Marsham, and Ferdinando Marsham for fifteen hundred pounds debt, and seven pounds and one shilling damage. 30. And upole Judgement at the suit of I sanbar Savatt for twenty three pounds four shillings and six pence. 31. And with an Order from the of Revenue for several sums. 32. And with Execution at the suit of Sir Edward Fish Baronet, for two hundred pounds' debt, and one and twenty shillings costs. At the suit of Humphrey Schalcross for debt, one thousand pounds. 34. At the suit of the same for four hundred pounds' debt. 35. At the suit of Francis Williamson Knight, in a plea of trespass upon the case, damage five hundred pounds. 36. At suit of Benjamin Thornton Esquire for an hundred pounds. 37. At the suit of Sir john Lucas for eight hundred pounds. 38. At suit 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 suit of Sir Thomas Dawes for five pounds' costs according to the Stature. 41. Again, at the suit of Henry Williams, alias Cromwell Esquire, and Dame Elizabeth Ferryes', etc. for four hundred pounds. With execution at the suit of Isanbar Savatt for twenty three pounds four shillings and six pence. At the suit of Thomas Ling Gentleman in for forty pounds. With execution at the suit of Sir Thomas Dawes for four pounds. And with an Outlawry after Judgement at the suit of Rachel Cambell widow and others for two thousand and one pounds' debt, and thirty one shillings damage. And with an Hebeas Corpus upon an Outlaty, at the suit of james Cambell in a plea of debt. And with an Outlawry, at the suit of Michael Fawkes, 200 l. And upon a Judgement at suit of Thomas Squire for two hundred pounds, and thirty shillings costs. And at the suit of john Alkins in a plea of trespass. And at suit of Robert johnson in a plea of trespass. And besides all these he was to pay in to the Committee for public debts the last Saturday, but hath not, one thousand three hundred and odd pounds. And now because I know he that is a Machiavelli 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 show you how this Master Gibbon hath sold and conveyed as much 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 john Godbold then Sergeant at law William Say▪ Note, Mr. Say a fit Chaire-man 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 enrolled, 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 joins Gibbon named with him, whereof much is of the land in controversy; and having received his money 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 there, for which he received twenty three thousand pounds. Vide the several enrolled Conveyances in the year 1650. Item, Gibbon sold to Francis Russel Esquire, etc. land in that drainage, though none of it of the land in controversy, for which he received two thousand and five pounds. Vide the enrolled Conveyance, Anno 14. Car. Item. Gibbon sold to Sir Edward Osburn the Manor 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 johnson, 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 myself (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 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 engage him as much as he can? and that if Sir john 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 find a change; I believe no such friendship of that kind, will find acceptance amongst your honours) my desire is but to discover the truth, and that too by matter of record, wherein I may soon be found a liar if I do not: the Decree of Febr. 1650. proceed 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 studied 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, than 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 honourable Council of State have made in it or how or when this business may come before your honours, I cannot certainly tell, although it is now above a month since something was done in it; and the Freeholders have good hope that care is taken for them by the honourable Council: 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 fly 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 than this, That I verily persuade myself 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 Manor of Epworth, that could never obtain a trial at law this twenty years (justice being formerly obstructed by orders of several Courts) and now of late, although within this right years, they had two several days by special order, first in the Common Pleas, and then in the Exchequer set down for trial, 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 say, that the inhabitants should never have a trial so long as they were quick (as is proved) for the Jury was then adjourned from day to day at the Exchequer Bar, and stayed in town near a month before the trial was permitted to go on; yet in conclusion the Plaintiff being no rioter was permitted to go on, but Master Gibbon and his Council 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 tried 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 lies by suits of this length and continuance (if pretence of riot by a few shall take away the possession of all) for 'tis not possible but some of the ruder sort will grow disorderly, and endanger 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 eye 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 join with the present Lords of the Manor 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 yield it to them: and as to matter of pretended riot, they hope, in case your honours 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 employed, 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, 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. Daniel Noddell. FINIS.