The history of imbanking and drayning of divers fenns and marshes, both in forein parts and in this kingdom, and of the improvements thereby extracted from records, manuscripts, and other authentick testimonies / by William Dugdale.

CAP. XXVII.

BEing now come into Lin∣colnshire, I shall first be∣gin with the Isle of Ar∣holme, which, for many ages, hath been a Fenny tract, and for the most part covered with waters: but more antiently not so: for originally it was a woody Country, and not at all annoyed with those inundati∣ons of the Rivers that passed through it, as is most evident by the great numbers of Oak, Firr, and other Trees, which have been of late frequently found in the Moor, upon making of sundry Ditches and Chanels for the drayning thereof; the Oak Trees lying somewhat above three foot in depth, and neer their roots, which do still stand as they growed, viz. in firm earth below the Moor; and the bodies, for the most part North VVest from the roots, not cut down with Axes, but burnt asunder somewhat neer the ground, as the ends of them, being coa∣led, do manifest. Of which sort there are multitudes, and of an extraordinary bignesse; viz. five yards in compasse, and sixteen yards long; and some smal∣ler of a greater length, with good quan∣tities of Akorns neer them: and of small Nuts so many, that there have been found no lesse than two pecks together in some places.

But the Firr Trees do lye a foot, or eighteen inches deeper; of which kind there are more than of any other; many of them being above xxx yards in length: Nay, in the year 1653. there was a Firr pole taken up, by one Robert Browne of Haxey, of xxxvi yards long (besides the top) lying neer the root, which stood likewise as it grew, having been burnt, and not hewed down: which tree bore at the bottome ten inches square, and at the top eight.

About xx years since also, in the Moors at Thurne (neer five foot in depth) was sound a Ladder of Firr, of a large substance, with about xl staves, which were thirty three inches asunder; but so rotten, that it could not be got∣ten up whole. And in Haxey Carr, at the like depth, a Hedge, with stakes and bindings.

The truth is, that there are so great a number of Trees, thus overgrown with the Moor, through a long time of stag∣nation by the fresh waters, in these parts; that, the Inhabitants have for the space of divers years last past, taken up, at least two thousand Cart Loads in a y••ar.

As to the time when this woody Le∣vel (which extends it self into Dikes mersh, and Hatfield Chase in Yorke∣shire) became first thus overflowed, I can say nothing, there being not any me∣morial thereof transmitted to us, from the light of History or Records: but that it hath been so, for divers hundreds of years, the depth of the Moor doth sufficiently manifest; which could not, in a few Ages, grow to that thicknesse it is of. Howbeit, as to the occasion there∣of, I may rationally conclude it to have been, through the muddinesse of the constant tides, which flowing up Hum∣bre into Trent, did in time leave so much silt to obstruct the currents of Idle, Done, and other Rivers; that, having not their free passages as former∣ly, they flowed back and overwhelmed that flat Country with water; insomuch as the high ground became an Island, as it is still (we see) called; and a place so defencible, in respect of the spacious∣••esse and depth of the waters environ∣ing it, that Roger Lord Moubray, an eminent Baron of this Realm in K. Henry the second's time, and then Lord there∣of, adhering to young Henry, upon his ••ebellion in those dayes, repaired hither, and fortified an old Castle, which had

been a 1.1 long ruinous; for reducing where∣of to the Kings obedience, the Lincoln∣shire men, having no other accesse there∣to, transported themselves by shipping, in the year 1174 (20 H. 2.) So like∣wise in 50 H. 3. after the battail of Eve∣sham, wherein the rebellious Barons were discomfited, some of them fled b 1.2 hither, as to a place of security, for the reasons above expressed. But after that time, it was not long, ere the Inhabitants of these parts, imitating the good Hus∣bandry of those in other Countryes, who had by banking and drayning made good improvements in such Fenny places, did begin to do the like here: For in 1 E. 3. I find, that Robert de Notingham, and Ro∣ger de Newmarch were constituted Com∣missioners c 1.3 to view and repair those Banks and Ditches, as had been made to that purpose, which were then grown to some decay: So also were d 1.4 Iohn Darcy of the Park, Roger de Newmarch, and Iohn de Crosholme.

Several other Commissions there were, afterwards to the same purpose; viz. in 25 E. 3. to e 1.5 Will. Basset, Thomas de Swin∣ford, Will. de Clive, Thomas Levelance, Will. Wascelyn, and Thomas Degmanton, for all the Banks and Sewers within this Isle. In 26 E. 3. to * 1.6 Raphe de Wilughby, Will. Basset, Will. de Skipwith, Illard de Usflete, Robert de Haldanby, Iohn de La∣sing croft, and Iohn de Flete of Bulwiche, for those upon the Rivers of Trent and Done, within the Hundred of Crulle. In 39 E. 3. to g 1.7 Iohn Tours, Will. Wasce∣lyn and Raphe de Burnham, for those upon the Rivers of Done, Idel, and Bekers∣dik, in this Isle: VVherein they were directed to proceed according to the Law and Customes of this Realm. In 40 E. 3. to h 1.8 Thomas de Ingelby, Will. de Fynche∣den, Will. de Galby, Parson of the Church of Epworth, and others, for those in the parts of Balne and Mersland, and Lord∣ship of Haitfield in the County of Yorke, as also within this Isle and Soke of Crulle, in this County. The like Com∣mission i 1.9 had the said Thomas and William, with Roger de Kirketon, and others in 41 E. 3. So also in 43 E. 3. had k 1.10 Master Iohn de Burnham, Will. de Galby Clerk, Richard Poutrell, and others, for those in this Isle, betwixt Butterwyk, and Gun∣thorpe.

In 2 R. 2. to l 1.11 Henry Percy Earl of Northumberland, Will. de Skipwith, Ro∣ger de Fulthorpe, Henry Asty, Iohn Pou∣cher, Thomas de Burnham, and William de Topclyf, for those betwixt Bykerdyke and Doneheved, throughout all this Isle and the Soke of Crulle, then in decay through the forc•• of Trent. And in 7 R. 2. to m 1.12 Thomas de Moubray Earl of No∣tingham, Sir VVill, de Willughby Knight, VVill de Skipwith, and others, for all those in this Isle, as also betwixt By∣kersdyke, on both sides, in Notingham∣shire, and the River of Done in Yorke∣shire.

In 1 H. 5. VVill. Lodyngton, Thomas Egmanton, and Iohn Dowenay, Rob. VVater∣ton, and Edmund Fitzwilliam, being con∣stituted n 1.13 Commissioners for the view & repair of the Banks and Sewers in the Soke of Crulle, and this Isle of Ax∣holme; and betwixt Bekerdyke, on each side; sate o 1.14 at Crulle upon the monday next after the Feast of the Nativity of the blessed Virgin, in the year abovesaid: before whom the Jury then presented p 1.15, that one Geffrey Gaddesby late Abbot of Selby, did cause a strong Sluse of wood, to be made upon the River of Trent, at the head of a certain Sewer, called the Mare dyke, of a sufficient height and bredth, for the defence of the tides coming from the Sea; and likewise against the fresh waters descending from the VVest part of the before-spe∣cified Sluse to the said Sewer, into the same River of Trent; and thence into Humbre: and performed the same up∣on his free good will and Charity for the ease of the Country. VVhich said Sluse, certain unknown persons (Inhabi∣tants of the Lordship of Haytfield) pul∣led down, in the time of Iohn de Shire∣burne, late Abbot of that place, and next successor of the said Geffrey.

And whereas the said Iohn de Shire∣burne, did new make the same Sluces of stone, sufficient (as he thought) for de∣fence of the Sea tides, and likewise of the said fresh waters; the Jurors said, that they were not strong enough for that purpose, being both too high and too broad: And that it would be expe∣dient, for the advantage of the Country, that the then Abbot, if he pleased, would in the place where those Sluces of stone were made, cause certain Sluses of strong timber to be set up, consisting of two

[illustration]

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Floud-gates; each Floud-gate contain∣ing in it self, four foot in bredth, and six foot in height; as also a certain bridge upon the said Sluses, in length and bredth sufficient for Carts and other Carriages, which for the future might passe that way: And being so made, and having stood firm, for the space of one whole year, against the force of those tides, by the view of Richard de Amcotes, and Ro∣bert Lyulf of Waterton, elected and sworn by the before-specified Commis∣sioners, or some others, to be chosen by them; that thenceforth the said Abbot of Selby, Richard Amcotes, and other of the Free-holders of Crull, Amcotes, Waterton, Garlethorpe, Ludington, and Eltoft in this County of Lincolne; as also all the said Towns in common, should, in respect of their Lands and Tenements, lying within that Soke, be ob••iged, of right to keep them in re∣pair.

And they said farther, that it would be very necessary, that the before-menti∣oned Abbot, if he pleased, should cause to be there made, without the said Sluse, towards the River of Trent, at the Feast of Easter then next ensuing, one dem∣myng, for that present. And they also said, that, for the future, the said Free-holders, as also the said Towns, and e∣very of them, might clense and scour the said Sewer called the Mare dyke, accor∣ding to the proportion belong••ng to each of them therein, from the said Sluse, to the bridge of Ludington, called Lane end brigg.

VVhereupon the Shireeve was com∣manded to summon the said Abbot, Ri∣chard Amcotes and the rest, to appear be∣fore the before-specified Commissioners at Crutl aforesaid, on the Tuesday next before the Nativity of the blessed Vir∣gin, then next ensuing, to answer &c. At which day they all came according∣ly, and could not gainsay, what had been so presented by those Jurors.

And long after this, scil. in 5 E. 4. Sir Thomas Burghe, and Sir Robert Constable Knights, Iohn Nevill, Robert Sheffield ju∣nior, Thomas Moigne, Richard Haunserd of Ouresby, and others, were constitu∣ted q 1.16 Commissioners for the view and repair of the Banks and Sewers through∣out this Isle; as also betwixt Bykers∣dyke, on each side, in the County of Notingham; and the River of Done, on both sides, in the County of York: and within the VVapentake of Manley, Yereburgh, Coryngham, Aslakhowe, and Walshcroste in this County of Lin∣colne: and to make Statutes and Ordi∣nances therein, consonant to the Laws of the Realm, and Custome of Rome∣ney marsh: As also to imprest so many Labourers, as they should think necessa∣ry for that work, upon competent wa∣ges, in respect of the great necessity for hastening thereof.

Having thus traced down the succes∣sive Commissions for improvement of the Marshes in this Isle, by banking and drayning, untill after the St••tue * 1.17 of 6 H. 6. VVhich Statute prescribing a form for all that should be issued out after that time, throughout this whole Realm; wherein direction and power is given to those who are to be imployed therein, to make and ordain necessary and con∣venable Statutes and Ordinances, for the salvation and conservation of the Sea-banks and Marshes, and the parts ad∣joyning thereto, according to the Laws and Customes of Romeney marsh•• and likewise to hear and determine all and singular complaints, that shall come before them, touching that businesse, according to the Laws and Customes of this Realm, and the Customes of the said Rom••ney marsh: appointed also, that upon great and urgent necessity, they should take and put into the said works and reparations, as many Ditch-makers and other Labourers, upon competent wages, as might be sufficient to perform that service; it will not be necessary (as I conceive) to give farther instances of this kind; I shall therefore descend to that great and no lesse commendable work, which was undertaken shortly after the beginning of the late King Charles his reign; not only for the drayn∣ing of all the surrounded Marshes of this Isle, but of the adjacent Fenny grounds, lying in Yorkeshire; viz. Hat∣field Chase and Dikesmersh: VVher∣in I may not omit to observe, a 1.18 that the overflowings of the fresh waters over t••at whole Level, was such, by reason that the before-specified Rivers of Idel, Bickers dyke, Turne, Done, and Ayre were obstructed in divers places,

with so much silt and other impedi∣ments, chiefly contracted by the dayly tides, as I have before declared; that not only in winter, but even in the Sum∣mer time, Boats laden with plaister have passed over that part thereof, called Hat∣field Cha••e, to a place called Hollen brigge, near Hatfield Woodhouse, the water upon the drowned grounds, being about three foot deep: and the Fishers house, called Steere's lodge, standing on ground thrown up and raised three or four foot above the level, often drown∣ed.

Neither was Haxey Carr lesse over∣whelmed, large Boats laden with xx quarters of Corn, usually passing over it, from the River of Idel to Trent bank; men rowing also with lesser Boats, to look Swans, over all parts of it, betwixt Lammas and Michaelmasse: And in like sort over Starr Carr, and Axholme Carr; insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters.

The said King therefore, being seized of this Island, and of divers lands and waste grounds, belonging to the same; as also of and in the Chase called Hat∣field Chase, with Dikes mersh, toge∣ther with the Lordships of Wroote and Finningley in the County of Yorke, all lying upon the same flat; out of his Royal and Princely care for the publick good, in regaining so great a proportion of surrounded land; which, at the best, yielded little or no profit to the Com∣mon wealth, but contrariwise nourished beggars and idle persons: and having a Chase of Red Deer through a good part of this Fen, which much annoyed and opprest the residue; resolving by the ad∣vice of his Counsel; partly for the easing of his chardge, and increase of his reve∣nue, and partly for the improvement and reducing of so great a quantity of drow∣ned and boggy ground, to be made good Meadow, Arable, and Pasture, for the general good; did under the great Seal of England, contract with Corneli∣us Vermuden,* 1.19 then of the City of Lon∣don Esquire, by Articles bearing date the twenty fourth day of May, in the se∣cond year of his reign, the substance whereof was as followeth.

[ 1] First, that the said Cornelius should, at his own chardge drain and lay the same dry; beginning the work within three months, after the said King should have agreed with those persons that had in∣terest of common therein; and finish it with all possible expedition.

That he the said Cornelius, in conside∣ration [ 2] thereof; should have to him and his heirs, for ever, one full third part of the said surrounded grounds, to hold of the said King, his heirs and successors, as of his Mannour of East Geenwiche, in free and common so∣cage.

That he the said Cornelius should pay [ 3] and satisfie to the owners of all lands, ly∣ing within the same level, and so surroun∣ded, such summs of mony, as the said lands should be thought worth by four Commissioners; whereof two to be na∣med by the Lord Treasurer of Eng∣land, for the time being; and the other two by him the said Cornelius.

That the work being finished, there [ 4] should be, for the better preservation thereof, a Corporation made, to make Acts and Ordinances to that end, as oc∣casion should require; consisting of such persons as he the said Cornelius and his heirs did nominate.

That within three years after they [ 5] should be finished, six Commissioners to be appointed; viz. three by the Lord Treasurer of England, for the time being; and three by the same Cor∣nelius, his heirs &c. to view them, and estimate what the future yearly chardge might amount unto, for the perpetual maintaining of them: whereupon the said Cornelius to convey and assure the In∣heritance of lands to such a value, as might be thought sufficient to support that chardge.

And that whereas divers did claim common of Pasture in sundry of the said grounds, it was agreed that the King should issue out his Commission under the great Seal of England, to certain persons, to treat and conclude with those Commoners, by way of composi∣tion, in land or mony, concerning the same.

VVhereupon Commissions were ac∣cordingly directed b 1.20 to several Gentle∣men of those Counties, to treat and a∣gree with all such as pretended right of Common within any of the Mannours a∣bove-mentioned:

which took effect with each of them, except those of the Mannour of Epworth, in this Isle: But Sir Robert Heath, being the then Attor∣ney General, exhibiting an information in the Exchequer Chamber against them, three hundred and seventy (who were all that at that time could be discove∣red to have right of common there) came and submitted to such an Award, as Sir Iohn Bankes (the then Attorney ge∣neral) should make therein: Who, up∣on several hearings of all parties and their Councell, made this Award; viz. that of thirteen thousand and four hun∣dred Acres, belonging to that Mannour (which was then to be drayned, with the rest of the levell) six thousand A∣cres should be allotted to the Commo∣ners, as their part or portion, lying next to the Towns; and so preserved for e∣ver, at the chardge of the said Cornelius Vermuyden; and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his par∣ticipants, for their third part, and for the said late King's part, in right of his interest as Lord of the soil: which, by consent was decreed in the Exchequer Chamber, and possession thereupon e∣stablished with the said Cornelius Ver∣muyden, and his participants, and to their assigns.

The agreement being therefore thus made, this great work was accordingly begun, and had so successful a progresse; that, with the chardge of fifty five thou∣sand eight hundred twenty five pounds, or thereabouts, it became fully finished, within the space of five years; the wa∣ters which usually overflowed the whole levell being conveyed into the River of Trent, through Snow Sewer, and Al∣thorpe River, by a Sluse; which issued out the drayned water at every ebb, and kept back the tides upon all comings in thereof.

And now that the world may see what an advantage accrued to the pub∣lick by this noble, though chardgable work, I shall here, from the before-spe∣cified [ 1] Depositions, observe; First, that since the drayning of Haxey Carr, a great part thereof hath been sowed with Rape and other Corn, for three years together, and born plentiful crops.

That some part of the said Carr, not worth above six pence an Acre, per an∣num, was after the said drayning worth [ 2] x ^s. the Acre.

That several houses have been since [ 3] built and inhabited in sundry places of the said Carr, which formerly was drowned land: So likewise in other parts of the levell.

That since the drayning, the gounds [ 4] are better worth xiij ^s. iiij ^d. an Acre, than they were two shillings an Acre be∣fore.

That of ten Acres of drayned land, [ 5] fifty quarters of Rape seed have been gotten in one year, and sold at xxx ^s. the quarter.

That of the said drayned grounds, [ 6] th••y have usually had three quarters and a half of wheat upon one Acre; three quarters of Rye upon one Acre; and eight quarters of Oats upon one Acre. And for six years together seven quarters of Oats on one Acre.

That before this drayning, the Coun∣try [ 7] thereabouts was full of wandring Beggars; but very few afterwards; be∣ing set on work in weeding of Corn, burning of ground, thrashing, ditching, Harvest work and other Husbandry: All wages of Labourers, by reason of this great use of them, being then doub∣led.

Hereunto I shall add what I find in that printed Relation, before-mentio∣ned; viz. the State of the Case; id est, that the said Cornelius Vermuyden, together with his participants and their assigns, being in quiet and peaceable possession of what belonged to them by virtue of the Agreement abovesaid, did build and plant a Town called Sandtoft, with a Church therein; placing a Minister there; whereunto resorted above two hundred Families of French and Walloon Protestants (fled out of their native Country for fear of the Inquisition, only to enjoy the free exercise of their Religi∣on here) who erected and planted above two hundred habitations for Husban∣dry, and plowed and tilled much of the said twenty four thousand and five hun∣dred Acres of land, to the great benefit of the Common wealth. All which they enjoyed till about the Month of Iune, in the year 1642,* 1.21 that some of the Inhabitants thereabouts, pretending

they had right of Common, said they were not bound by the before-specified Decree: and therefore taking advan∣tage of the present distractions: for then it was that the Parliament began to raise a powerful Army for the safety of the King's person, defence of both Houses of Parliament, and of those who had obeyed their Orders and commands; and preser∣ving the true Religion, Laws, Liberties and peace of the Kingdome (as their votes and Remonstrances did set forth) a vast pro∣portion of money and plate, being brought in, by the Citizens of London, and others, for that purpose; the King being at that time at Yorke, with some slend••r guards (which they voted to be a levying of warr against his Parliament) they arose in tumults, brake down the fences and inclosures of four thousand Acres, destroyed all the Corn grow∣ing, and demolished the Houses built thereon.

And c 1.22 about the beginning of Februa∣ry ensuing, they pulled up the Floud∣gates of Snow Sewer, which by let∣ting in the tides from the River of Trent, soon drowned a great part of Hatfield Chase; divers persons standing there with Muskets; and saying, that there they would stay till the whole levell were drowned, and the Inhabi∣tants forced to swim away like Ducks: and so continued guarding the said Sluse for the space of seven weeks toge∣ther, letting in the tides at ev••ry full water, and keeping the Sluse shut at an ebb. And about that time, likewise, some of the Inhabitants of Mi••••erton, pulled down another Sluse, neer that Town; which occasioned the River of Trent to break down the Banks and o∣verflow the whole levell, so that the Barns and Stacks of Co••n were drowned a yard high, at the least.

And thinking this not to be mischief enough, the d 1.23 Inhabitants of the Isle of Axholme, did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks, and filled up the Ditches, putting in Cattel into the Corn, and Pastures of those that had been Ad∣venturers for the drayning.

Whereupon the said Participants in this great and costly work, by their humble Petition e 1.24, exhibited to the Par∣liament in December following; pre∣sented, that after the expence of at least two hundred thousand pounds in those works, the Tenants of the Mannour of Epworth, notwithstanding their con∣sents to that Decree before-specified, which had been passed in the Excheque•• for settlement of what had been agreed on, and set out of that Mannour, for the said Participan••s and their Tenants; had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land, and destroy∣ed a great quantity of Rape, and Corn growing, by forcible keeping and depa∣sturing their Cattel thereon; as also de∣molished very many Houses, burnt o∣thers, cut and burned the Plows, beat and wounded those that were Plowing, or resisted them in any of those their outragious acts; and then threatned the drowning of the whole by cuttng of the Banks, and misusage of the Sluses: and moreover, that they resisted the said P••rticipants, in levying taxes for the re∣pair of the works, to the great damage of the Common wealth in gene∣ral, and scandal to the Justice thereof, in case these things should not be re∣strained, and the offenders to be puni∣shed.

For preventing therefore of the like mischiefs, and preservation of the peace of the Country, it was then ordered by the Lords in Parliament, that the Shi∣reeve of the said County of Lincolne, and Justices of peace there, should, upon complaint made to them therein, punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs, and call to their assistance, if need required, the Trained bands of the said County, and the Parliaments forces next adjoyning, to be aiding and assisting to the said Participants, in guarding and keeping these Sluses and Sewers; and in repairing what had been so demolished; and in levying the Taxes legally impo∣sed, tending to the preservation of so good and beneficial a work to the com∣mon wealth: And for the setling of this businesse, they farther ordered, that the Shireeve of the County of Lincolne, for the time being, should, upon request to him made by the said Participants, ap∣point such a Deputy, within the limits of the same levell, for the sudden aiding and assisting of them (when need should

require) as they from time to time did desire.

And that this Order should be forth∣with published, in the several Parish-Churches and Market-Towns of this County.

Which course being thus taken for re∣straint of those their tumultuous and rio∣tous practices; seven of the Inhabitants of the said Mannour of Epworth, brought their actions at Law against the said Par∣ticipants, for recovering of what had been so formerly setled by the before spe∣cified Decree, with their own consents.

Whereupon the said Participants ex∣hibiting their Bill in the Exchequer Chamber, for establishing their posses∣sion against those seven, obtained this Or∣der f 1.25; viz. that the Kings Solicitor ge∣neral should proceed upon the same in that Court, with all convenient speed; and in the mean time the possess••ion of the lands in question to be held in quiet by the Plantiffs, as it had been formerly setled by the said Court, and enjoyed at any time since the said Decree made: and likewise, that their sutes at Law should be stayed by the Injunction of the same Court, untill the hearing of the cause, or that the Court gave farther or∣der therein.

Upon which Injunction the Shireeve had a Writ of assistance, and came with near a hundred persons to quiet the pos∣session, and set up the Banks of those 4000 Acres first laid waste: But one Daniell Noddel, Solicitor for the before-mentioned Inhabitants, hearing of the said Shireeve's coming, got together a∣bout four hundred men, and forced him, with all his assistants, to flie; and ha∣ving so done, demolished what he the said Shireeve had before caused to be set up.

The Participants therefore, being thus forcibly kept out of possession, brought their Bill to hearing; which the said Noddel discerning, he drew in, to his aid, Lieutenant Colonell Iohn Lilburne (a person of a most turbulent Spirit, and who since dyed a Quaker) and Major Iohn Wildeman; and, whilst the cause was hearing, joyned with the said In∣habitants in a farther Riot, on the re∣maining 3400 Acres, which till then had been kept up; impounding the Tenants Cattel, and refusing to admit of Re∣plevins, and so forced them to what rates they pleased for their redempti∣on.

Whereupon the said Participants, not knowing otherwise what to do, com∣plained several times to Michael Monk∣ton, a Justice of Peace in those parts: who not only refused to grant any War∣rants, or pursue any legal course for their preservation; but on the contrary gave ••n••ouragement to the Riotors; and upon an Indictment exhibited against some of them, in the Sessions, for these outrages, which was found by the Jury, some of the Justices there sitting, think∣ing it fit to fine the Delinqnents at 4 or 5 marks a piece; the said Monckton moved openly that their fines might be but six pence a piece; and insisted so earnestly thereon, that the fine imposed on them was no more than twelve pence a man.

Howbeit after this, viz. in February 1650. upon a full hearing in the Exche∣quer, a Decree was made for esta∣blishing the possession with the Partici∣pants; which being published on the place, in presence of divers of the said Inhabitants; they having gotten the in∣fluence of the said Lilburne, Wildeman, and Noddel; declared, that they would not give any obedience thereto, nor to any order of the Exchequer or Parlia∣ment; and said, that they could make as good a Parliament themselves: Some expressing that it was a Parliament of Clouts; and that if they sent any forces, they would raise men to resist them; and thereupon proceeded to the defacing of the Church at Santoft; and within ten days time, did totally demolish the Town it self, with other Houses therea∣bouts, to the number of fourscore and two habitations, besides Barns, stables and Out-houses; as also a Windmill; and destroyed all the Corn and Rape then growing on the said 3400 Acres: the damage of all which amounted to fourscore thousand pounds, as ap∣peared by the Testimonies of sundry wit∣nesses.

All which waste and spoil being done; the said Lilburne, Wildman, Monckton, and Noddel, confederating together, made an agreement with several of the Inhabitants of Epworth, that in consi∣ration of 2000 Acres of the said land, so 〈1 page duplicate〉〈1 page duplicate〉

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wasted, to be given to Lilburne and Wild∣man, and 200 Acres to Noddell, they the the said Libburne, Wildman, and Noddel, should defend them from all those Ri∣ots past, and maintain them the said In∣habitants, in possession of all the rest of the 7400 Acres, before laid waste, and keep them drie; and in accomplishment of that agreement, sealed Deeds accor∣dingly. VVhich being done, the said Lilburne and Noddel, with some others came to Santoft Church, on the Sun∣day, and forced the French Congregati∣on from thence, telling them that they should not come thither, except they were stronger than they.

And after this, the said Lilburne and Noddel went to another Lordship, called Crowle, where they agreed with some of the Inhabitants thereof, to get their Commons again, as Epworth had done; advising them to impound the Tenants Cattell; and that if any Replevin were brought, they should impound them a∣gain, and break down their Fences, and eat up their crops; and so tire them till they had attorned Tenants to them; all which they did accordingly. The Te∣nants therefore being thus terrified, and seeing their condition no better than their Neighbours, took Leases from Ias∣per Margrave and George Stovin (two of Lilburnes Confederates) who gave bonds of save them harmlesse: by which practice and the former force, the Petitioners became outed of their possessions in both these Mannours. And at the making of those Leas••s Noddel de∣clared openly, in the presence of divers persons, that he would lay xx ^s. with a∣ny man, that assoon as Lilburne came to London, there should be a new Parlia∣ment; and that Lilburne should be one of them, and call that Parliament to ac∣count: Farther adding, that they having now finished this of Lincolnshire (mea∣ning gotten the land from the Petitio∣ners) they would go into Yorshire (id est the rest of the levell) and do the like there; and then they would give the Attorney General work enough to do.

And Noddel said at another time, that now they had drawn their case, they would print it, and nail it at the Parlia∣ment dore; and if they would not do them justice, they would come up; and, making an out-cry, pull them out by the ears. And having thus possest them∣selves of the proportions above mentio∣ned, they dimised several parts thereof to sundry persons; Lilburne himself re∣pairing the House, which had been built for the Minister, and almost pulled down by the Rioters, put his servants to reside and keep possession in it, and imployed the Church for a stable and Barn.

A Narrative of all which barbarous outrages and high insolencies of the be∣fore-specified Lilburne, Wildman, and Noddel, with their confederates, were drawn up in writing by a Committee of the said Parliament to be represented to the House: but that Parliament being dissolved by the power of the Army, A∣pril 10^th 1653. which was before this Report could be made by that Com∣mitee; the Council of State (which was set up about ten days following) did send for it; and made reference thereof to a select Committee of the same Council; who also farther examining the business, and finding what had been so deposed and reported, to be true, signified as much to the said Council of State; whereupon they did order, that the forces of the Army, quartering in the le∣vell of Hatfield Chase, or within the Counties of Yorke, Lincolne, and No∣tingham, or any of them; or any other that then were, or might be in those parts, should be aiding and assisting to the Officers of Justice, and the said par∣ticipants, for setling and establishing the possession of the 7400 Acres of those late improved lands, within the Mannour of Epworth, in the said Report mentio∣ned, with the said participants; and al∣so for executing the Decrees and Orders of the said Court of Exchequer, or any Courts of Justice touching their posses∣sion therein; and likewise for preventing such Riots and outrages for the future. And in respect of the great damage suf∣fered by the said participants and their Tenants; they farther ordered, that the Commissioners of the great Seal, for the time being, should award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties, to try the Ryotors and to pu∣nish them according to Law and Ju∣stice; and to enquire of the damages suffered, as aforesaid, by the said parti∣cipants

and their Tenants; to the end, that they might have just reparations for the same. VVhich order beareth date at White Hall the 31^th of August 1653.

But notwithstanding this, & the former Orders and Letters of the Parliament & Council, the said Inhabitants still continu∣ed in their riotous & rebellious posture, not giving any obedience thereto, nor to the Decrees and Orders of the Court of Exchequer, nor Precepts of the Court of Sewers; standing in defiance and op∣position to all Authority.

Upon another Petition, therefore, presented by the said participants and their Tenants, together with a Remon∣strance of the Commissioners of Sewers unto the Lord Protector and his Coun∣cil; an Order of reference was made up∣on the xv ^th of April 1656. to the Lord Fienes then one of the Commissioners of the great Seal, the Lord Lambert, Ma∣jor General Desborough, the Lord Lisle and the Lord Strickland (for so they were then called) or any three of them, to consider of the said Petition, and report their opinion therein to the Council.

The said Lords therefore requested Major General Whalley to call both par∣ties before him, and to examine the whole matter set forth in the before-specified Petition, and make report thereof unto the said Committee; which he did accordingly; manifesting, from sufficient Testimony, the guilt of those Ryotors, in all the outrages be∣fore expressed.

VVhereupon the Council of State, by their Letters dated at Whitehall 21^o Augusti 1656. and directed to the said Major General Whalley, recommended the redresse thereof to his care; and to that end desired him to improve his en∣deavour upon all occasions, to prevent any farther Ryots and misdemeanors in those places; and in order thereto, to punish such their scandalous disobedi∣ence, according to his instructions; and not to suffer the said Inhabitants to keep by them any Arms or other Instruments for their future acting of the like; and moreover to appoint some of his Regi∣ment to be effectually aiding and assi∣sting to the Shireeves of the respective Counties within his association, or the Deputies and Collectors of the Court of Sewers, for the putting in execution from time to time, the Decrees, pro∣cesse, and Orders, of any the Courts at Westminster, or of the Commissioners of Sewers; to the end that the impro∣vers just Rights might be restored accor∣ding to Law, and the said Strangers have the peaceable exercise of their Religi∣on, in the place designed for the pub∣lick meetings to that purpose.

Notes

• a 1.1

  Flores Hist. in anno 1174.
• b 1.2

  Ib. in anno 1276. Math. Paris. simi••i••er.
• c 1.3

  Pat. 1 E. 3. p. 3. m. 10. in dorso.
• d 1.4

  Pat. 1 E. 3. p. 1. m. 18. in dorso.
• e 1.5

  Pat. 25 E. 3. p. 1. m. 5. in dorso.
• * 1.6

  Pat. 26 E. 3. p. 3. m. 22. in dorso.
• g 1.7

  Pat. 39 E. 3. p. 1. m. 12. in dorso.
• h 1.8

  Pat. 40 E. 3. p. 1. m. 30. in dorso.
• i 1.9

  Pat. 41 E. 3. p. 1. m. 19. in dorso.
• k 1.10

  Pat. 43 E. 3. p. 1. m. 33. in dorso.
• l 1.11

  Pat. 2 R. 2. p. 2. m. 32. in dorso.
• m 1.12

  Pat. 7 R 2. p. 1. m. 17. in dorso.
• n 1.13

  Pat. 1 H. 5. p. 1. m. 21. in dorso.
• o 1.14

  Ex bund. de Brev. & Recordis, Wallias &c. tan∣gentibus, tem. H. 5. n 15. Lin.
• p 1.15

  Ex bund. de Brev. & Recordis, Wallias &c. tan∣gentibus, tem. H. 5. n 15. Lin.
• q 1.16

  Pat. 5 E. 4. p. 1. m. 23. in do••so.
• * 1.17

  Cap. 5.
• a 1.18

  Ex d••v••rsi••, deposi••ionibus, ••n lingu•• â Bre∣vium de term. Pasch. 24 Ca∣••oli penès Re∣mem, Scace••
• * 1.19

  An. 1626.
• b 1.20

  The state of the case prin∣ted at Lon∣don, an. 1656.
• * 1.21

  An. 1642.
• c 1.22

  Ex praefatis depositionibus.
• d 1.23

  Ibid.
• e 1.24

  The state of the case ut supra.
• f 1.25

  Ibid.