The CASE of the Commoners of the Mannor of Epworth in the Isle of Axhelme in the County of Lincoln.  
A Bill being brought into the Honourable House of Commons reciting the Statutes of Merton and Westm; the 2d, against pulling down and destroying Fences of approved Grounds, by unknown Persons in the Night: And further reciting, That divers evil disposed Persons are grown so impudently Bold of late, that they not only in the Night time burn, pull down, waste and destroy Houses, Fences of Approvement, and other Things; but also in Multitudes armed and disguised in such manner as they may not be known, in the Day-time commit the same Offences, in Contempt of the Law, and the insupportable wrong and damage of many of his Majesties Subjects; and the Towns adjoining will not apprehended such Offenders, and bring them to punishment: Wherefore it is prayed that it may be enacted, That if any Person disguised do in the Day-time destroy any such Fences or Corn, and the Towns next adjoining do not upon Notice given to the Constable, or other Chief Officer, apprehended and cause to be brought to punishment such Offenders within a reasonable time; That such Township next adjoining for every such neglect, shall be distrained to levy and make up at their proper charge such Hedges and Ditches, and answer Damages to the Party or Parties, in like manner as Towns neglecting to Indict such as are guilty of throwing down Fences in the Night are by the said former Statutes to be distrained; and answer Damages.  
Please to observe, That although this Bill is brought in as a public Bill, for the good of the whole Kingdom, yet it is brought in by the promotion of Nathaniel Reading Esq; and purely for his own private ends, and to prejudice the Inhabitants of the said Mannor of Epworth.  
Please to observe, That the Statute of Westm 2.13 Edw. I. cap. 46. saith, That the Statute of Merton shall not only bind the Lords Tenemants, but Neighbours which claim Common: But if any claim Common by special Feoffment, or Grant for a certain number of Beasts, or otherwise which is due to him of Common Right, he shall recover the same according to the Form of such Grant.  
In the time of Edw. III. Lord Mowbray was Lord of Epworth Mannor: And he then made an Approvement of a great part of the Wasts and Commons belonging to that Mannor: And his Tenants complaining thereof to him, to the end that he and his Heirs, and all future Lords, might be debarred from making any further Approvements, by his Grant or Charter dated 1 May 33 Edw. III. did grant, That he or his Heirs, would make no further Approvement of any part of the residue of the said Commons;  
The said Mannor of Epworth came to the Crown in Q. Eliz. time. The Common or Wasts of Epworth contain 13400 Acres.  
King Charles the First coming to be Lord of this Mannor of Epworth, by the insinuation of some cunning Men, was prevailed upon to Approve and enclose 7400 Acres, part of the said Waste, and left but 6000 to the Commoners, who are a numerous People; four large Parishes of a great circumference: And the whole Common left by Mowbray was scarce sufficient for them.  
The said King Charles I. in the 11th year of his Reign, granted the said 7400 Acres to some Persons who call themselves Participants.  
As this Case is, King Charles could not Approve any part for two Reasons: First, Because there was no Surplusage. 2ly. Because Mowbray their former Lord, had approved part; and made the said dead of the residue; which debars all future Lords from making any further Approvement, in that the Law is clear.  
Some time after the said pretended Approvement was made, several Trials were had both at Bar and at the Assizes, between the said Commoners and Participants about the said 7400 Acres: And the Commoners having obtained many Verdicts, at the last the said Participants wholly left the said 7400 Acres; and the Commoners have for most part enjoyed the same.  
Till the said Mr. Reading having by some ill practices, lately gotten into possession of some part of the said 7400 Acres, enclosed the same about two years ago; and some Commoners threw down some of his Fences; for which he brought his Writ, ●… rounded on the said Statute of Westm 2. And the Commoners in Easter Term last pleaded in Justification their Title of Right of Common: And Mr. Reading hath not yet proceeded to Try the same, being sufficiently satisfied of the said Commoners Right thereto: And that their Right to the said 7400 Acres has been often affirmed by many Trials, both at the Bar and at the Assizes.  
That in case this Bill should pass into an Act, it would be severe on all Towns, and especially on the Inhabitants of this Mannor of Epworth, their Commons lying many Miles in length: Insomuch that a constant Watch of less than One Hundred Persons, could not secure the Fences: And in case such Watch should be kept for that purpose, yet in misty Days Fences may be thrown down, and the Watch not see them.  
That the said Commoners of Epworth have great reason to believe, that the said Mr. Reading hath so great prejudice to them, that in case this Bill passes into an Act, he will by himself or his Servants, when he or they see the cost clear, and that they are not seen, pull down the Fences themselves( as he hath often already done, or caused to be done, and charged it on the Commoners) on purpose to damnify them.  
So that the said Commoners have great reason to fear, that in case this Bill passes into an Act, it will tend to the utter ruin of the Inhabitants of this Mannor of Epworth.  
Therefore the Inhabitants of the said Mannor of Epworth do humbly pray, that in case it shall be conceived, that this Bill may be for the public good of this Kingdom, That there may be a Proviso therein inserted,( That it shall not extend to any part of the Commons or Waste of Epworth Mannor, or enclosures made, or to be made therein, in regard the Commoners there Claim by Grant.)  
Or otherwise, That the said Bill may not pass.