The Case and proceedings of at least sixty gentlemen participants and purchasers for valuable consideration, of lands in the levell of Hatfield Chace, the counties of York, Lincolne and Nottingham and more then two hundred of their tenants who have been dispoiled of their estates by the inhumane and barbarous ryots of the inhabitants of the mannor of Epworth ... / humbly presented to the consideration of this present Parliament for redress of their so great losses and dammages as it was also to the several parliaments sitting in the years 1651 and 1654.

THE ORDER OF THE Council of STATE.

THe Council of State having heretofore upon the Petition of the Participants, in the Draining of the Levell of Hatfield Chace, in the Counties of York, Lincolne and Nottingham, preferred unto them the 14^th of June last, relating unto a Report drawn up up∣on full hearing by a Committee of the late Parliament, concerning divers Ryots and Outrages, and other unlawfull Actions committed within the Isle of Axholm, by the Inhabitants and Tenants of the Mannor of Epworth in the said County of Lincolne, and Misterton in the County of Nottingham, against the Participants in the said Draynage and the Improvement thereof; did thereupon referre the said Report unto a

select number of Persons to be considered of, and they to report their Opinions concerning the same to the Council, who having compared the said Reports with the Depositions of Witnesses examined on both sides before the said Committee of Parliament, and also again heard what could be alleadged on either side touching the said Report; have certified unto the Council, that they do finde the substance of the said Report warranted by the said Depositions, and nothing materially ob∣jected by the said Inhabitants and Tenants against the same; and upon consideration of the whole matter, have certified their opinions, that the 7••00 Acres of Land in the said Report mentioned, ought to be set∣led in the possession of the Participants, and the same quieted with them; and that a speciall Commission issue to try the Ryoters, that as well the Offenders may be punished, as the Sufferers repaired in a Legall way according to Justice, as by their said Certificate Registred, together with the said Report amongst the Acts and Orders of the Council more at large appeareth: Of all which the Council having taken mature con∣sideration, and approving the said Certificates, and the Opinions there∣in delivered; and finding by the said Report, that the said Participants have been by the Ryotous tumultuary proceedings and evil practises of divers persons in the said Report particularly named, violently thrown out of the possession thereof, the Corn and Rapes there growing to a great value wholly destroyed, the Houses there built by them for habi∣tation in a great number, and even the whole Town of Santoft ruinated and demolished, and the Church defaced, the Sasses pulled up, and all the said Improvement endeavoured to be again laid waste, and the Parti∣cipants kept from their possession thereof by force, notwithstanding a Decree made in the Court of Exchequer upon the said Improvement, and divers Orders and Injunctions since there issued for the preservation of the Participants possession, and prevention from those Ryots and di∣sturbances; which although seconded with Writs of Assistance to the Sheriffs, have been from time to time contemned and disobeyed, to the great affront of Justice, dammage to the Commonwealth in generall, and the prejudice of the Interest of the State in the Feefarm Rent of 1228^lb by the year reserved out of the said Improved Lands; all which hath been of late promoted by the countenance and encouragement of Lieutenant Collonel John Lilburn, Major John Wildman, and one Daniell Noddell a Solicitor; which three by compact and agreement with divers of the said Inhabitants, were to have and measured out to themselves 2200 Acres of the said Participants Lands for their reward in under∣taking to defend the said Inhabitants from their Ryots past, and to main∣tain them in possession of the rest of the said 7400 Acres against the said Participants for the time to come, as by the Report amongst other foul miscarriages and misdemeanors committed and done by the said persons and divers others therein particularly mentioned appeareth. The Coun∣cil thereupon finding it necessary in this case, where the Decrees and Orders of the Courts of Justice have been with a high hand disobeyed and resisted, to the endangering of the Peace of the Commonwealth, through the opposition of turbulent and seditious spirits, to apply the Military Power in Aid and Assistance of the Civil Government and Execution of Justice; Do hereby Order, Require and Authorize the

Forces of the Army quartering in the said Levell of Hatfield Chace, or within the said Counties of Yorke, Lincolne and Nottingham, or any of them, or any others that are or shall be in those parts, to be aiding and assisting to the Officers of Justice and the said Participants in Draining of the said Levell, for setling, establishing and keeping the possession of the said 7400 Acres of the late improved Lands within the Mannor of Epworth in the said Report mentioned with the said Participants, and also for executing the Decrees and Orders of the said Court of Exchequer, or any other Courts of Justice touching their possession therein, and for preventing such Ryots and Outrages for the future, and in respect of the great Dammage suffered by the Participants and their Tenants, it is further Ordered, That the Commissioners of the Great Seal for the time being, do Award a speciall Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties, to try the Ryo∣ters, and to punish them according to Law and Justice; and to enquire of the Dammages suffered as aforesaid by the Participants and their Te∣nants, to the end they may have just Reparations for the same. Given at the Councill of State at Whitehall the 31 day of August 1613.

Signed in the Name, and by Order of the Council of State.

• ...Anth. Ashly Cooper.
• John Thurloe Secretary.

Wednesday 31. August 1653. At the Council of State at Whitehall.

Ordered,

THat the Report made to the Council concerning the business of Hatfield Chace in Lincolnshire be humbly presented to the Parliament, and Collonel Thomlinson is desired to present the same accordingly.

But notwithstanding this and the former Orders and Letters of the Parlia∣ment and Council, the said Inhabitants still continued in their ryotous and re∣bellious posture, not giving any obedience unto them, not the Decrees and Orders of the Court of Exchequer, nor Precepts of the Court of Sewers, standing in defiance and opposition to all Authority. Upon the Petition of the said Participants, and their Tennants, and Remonstrance of the Commissi∣oners of Sewers to His Highness and Council; An Order of reference was made the 15^th of Aprill 1656. to the Lord Commissioner Fines, Lord Lambert, Major Generall Desbrough, Lord Lisle, Lord Strickland, or any three of them, to consider of the said Petition, and report there opinion there∣in to the Council; whereupon the said Lords request Major Generall Whalley to call both Parties before him, and to examine the whole matter in the said Petition set forth, and make report thereof unto the said Committee: which accordingly he did.

The Remonstrance of the Commissioners of Sewers.

May it please your Highness:

IN pursuance of your Highness Letters Pattents bearing date the sixth of July last, Impowring us amongst others, to provide for the safety and preservation of the Westriding of the County of Yorke, as also of the Improved Lands within the Levell of Hatfield Chace and parts adja∣cent, within the Counties of Yorke, Lincolne and Nottingham; as also by vertue of severall former Commissions, severall Rates or Scots have been imposed by severall Decrees and Laws of Sewers, according to the tenor of the Statute. But when the Officers appointed thereunto, endeavoured the collecting and distraining for those Rates assessed upon the Improved Lands within the Manner of Epworth in the Isle of Axholme and County of Lincolne aforesaid, severall the Inhabi∣tants of the said Isle have evilly intreated, menaced and wounded the said Officers and their Assistants, and riotously rescued their distresses from them: And being not contented with their having in a forcible manner dispossessed the Participants of the said Improvement of 7400 Acres (or thereabouts) of their Lands, as we are credibly informed; for which, and divers other offences, they are excepted out of the generall Act of Pardon; they have necessitated the said Participants, with their remainder of their Improvement in the other Counties, to maintain the banks for preservation of those Lands so taken from them: And not∣withstanding their former misdemeanors did too sadly presage their future disobedience; yet hoping, what with earnestness we desired, a change of spirit in them; we requested our worthy friend Nathaniel Reading Esq; (being both a Commissioner and Participant,) to see to the getting in of the Assessements charged upon the Lands aforesaid; and upon his acceptance, impowred him accordingly; requiring the Sheriffs of the County to be assistant to him therein: But when the said M^r Reading had distrayned severall of their Goods, some of the In∣habitants of the said Isle, to the number of One hundred or thereabouts, with Swords, Pistols, Carbines, Halberts and other Arms, at Hatfield in the County of Yorke, on the 2••^th day of Octob. last, about the hours of Twelve or One in the night, did assault or set upon the persons ap∣pointed to keep the Cattell, and having dangerously wounded severall of them, and amongst others the Constable of the said down, who in your Highness Name charged them to keep your peace, with ma∣ny other hainous circumstances of the Ryot, carried away the goods. And when on the 19 instant, the Sheriff of the said County of Lincolne, in pursuance of our Precept, assisted the said M^r Reading in the taking of another distress, severall of the Inhabitants aforesaid, to the number of 40 or 50, being armed as aforesaid, came in a riotous manner, and being charged by the Sheriff in your Higness Name, to lay down their Arms and repair to their severall dwellings, they not only refused to give obedience thereunto, but some of them with scandalous and oppro∣brious language of the person of your Highness, and with divers affronts and menaces, caused the Sheriff and his company to depart away for fear of their lives, and rescued that distress likewise; insomuch that se∣verall

persons, as well Officers as others, have upon their Oaths in open Court declared, that they dare not go into the Isle aforesaid, upon exe∣cution of certain Orders to them directed, without manifest danger of their lives.

In our reflection upon these miscarriages, our 〈◊〉〈◊〉 ••avours to vindicate the Authority of your Highness Commission, a••••••••ing ro the power we derived thence, have not been less then our te••••••••ess of giving your Highness the trouble of their cognizance; nor is 〈◊〉〈◊〉 regret to finde so absolute a necessity thereof less than either. But not being able ro ac∣complish all those ends for which by the said Commission we are intru∣sted, without getting in the arrears aforesaid, and making the said Lands contributary for the future to the publike Works, as the rest of the Im∣provement is; nor being able to do either without some extraordinary Assistance to the Civil Power. And fearing least their violence should aime at the further discomposure of the publike peace, as by some of their scandalous and rebellious speeches against your Highness too evidently appears: The duty we alwayes shall have for your Highness and the tranquillity of this Commonwealth, commanded us this Account with the Particulars annexed, in detestation of such evil practises, and appre∣hension of their evil consequences,

Doncaster the 25^th of January 1655.

• ...Darcy Wentworth.
• ...Sam: Bolles.
• ...Will: Addams.
• ...Sam: Lister.
• ...Hen: Perkins.
• ...Mar: v: Walkenbroughe.
• ...Richard Burdet.
• ...Edward Neville.
• ...Rob: Lee.
• ...Jo: Vincent.
• ...Joseph Thoresby.
• ...John Crosse.

The Report of Commissary Generall Whalley.

IN pursuance of your Order of the 15^th of April 1656, requiring me to enquire into the business of the poor Protestant strangers French and Dutch, Inhabitants within the Levell of Hatfield Chace and parts adjacent within the Counties of Yorke, Lincolne and Nottingham, and to certifie the state thereof to your Lordships; I have summoned divers Persons, as well on the behalf of the Defendants as Com∣plainants, before and upon the hearing of the matters on both sides, do finde and humbly certifie; That in October 1650. the Inhabitants of Belton and Epworth in the Isle of Axholme (among whom were Richard Mawe, Thomas Barnard, and William Robinson of Belton,) did put in great numbers of Cattell into the French∣mens Corn, viz. Wheat, Rye and Rapes, to the quantity of 800 or 900 Acres or thereabouts, and kept the Cattell in the said Corn till June following. I likewise further finde, that the Inhabitants of the Isle (amongst whom were Robert Barnard and Jeffery Whitacre of Belton,) did pull down a Windmill of John Amery a French mans near Sandtoft, worth as is conceived 150^lb; as also that divers came from Belton and Epworth, and betwixt the 11^th day of June 1651. and the end of that moneth, pull'd down 84 dwelling Houses, besides Outhouses. And the said Robert Barnard, did with an iron maule, break down the planks of a Chamber, and told the rest of his company, (being about 50 in number,) that they might do so. And I do further find, that a very great Ryot was com∣mitted at Santoft in the said Isle on the 19^th of October, being the Lords

Day, in the year 1651. divers of the Inhabitants of the Isle, with Lieutenant Col∣lonell John Lilburn, and M^r Noddel coming thither, who placed two men with their Swords by their sides at the Church door; the said Lieutenant Collonel Lilburn saying, that he was a 〈◊〉〈◊〉 House-holder in the Isle as well as the rest, and that they came to take possession 〈…〉〈…〉 the Church, and that the Minister should not preach there, nor the people hear, 〈◊〉〈◊〉 ••ot they were stronger they; upon which the people and Minister went away 〈◊〉〈◊〉 ••d lastly, I do find, that on the 21^th of Janury 1655. di∣vers of the Inhabita•••• 〈◊〉〈◊〉 the Isle, purll'd down and break in pieces, the windowes, doors, seates, and Pu•• 〈◊〉〈◊〉 that Church; and that some of those men discharged two Gunnes at M^r Readings man, M^r Walkenburghs man, and Peter de Rat a Dutch-man; and so followed them with their Gunnes cocked half a mile together, crying, Shoot again: and afterwards returned to the Church, and gathered the broken pieces of the doors, windows, Pulpit, &c. and laid them on heapes in the middle of the Church, and set them on fire. These Particulars have at large been made out to me by severall Witnesses, on the behalf of the Complainants, as also by the confession of some persons against whom the Accusation was brought, and not denied by any: all which I humbly submit to Your Lordships, &c.

June the 12^th 1656.

Edward Whalley.

And upon all former Proceedings, His Highness Council proceeded and made this Letter following to the said Commissay Generall.

SIR,

THe poor Protestant Strangers, French and Duch, inhabiting within the Levell of Hatfield Chace, and Parts adjacent in the Counties of York, Lincolne and Nottingham, have addrest themselves by Petition to His Highness, complaining of the great interruptions received by them from the Inhabitants of the Isle of Axholme: both in reference to the free Exercise of their Religion, and enjoyment of their Estates; upon Consideration whereof, and of a Certificate from Your self; mentioning the great Disorders and ryo∣tous Proceedings of the said Inhabitants; as also of severall accounts from the Commissioners of Sewers, and the Sheriff, intimating the violences and op∣position which hath been offered by the said armed Inhabitants, to the Officers of the Courts of Justice; and requesting some Military Assistance, to the Civil Powers; His Highness and Council, seriously resenting the evil conse∣quences of such miscarriages, have thought fit in a special manner, to re∣commend it to You, to improve Your Endeavour upon all occasions to prevent all such further Ryots and Disorders in those places; and in order thereunto, to punish such scandalous disobedience according to Your instructions, and not to suffer the said Inhabitants to keep by them any Armes or other Instruments, for the further acting of such Disorders; as also to give order to some of Your Regiment to be effectually aiding and assisting, to the Sheriffs of the respective Counties within Your association: or the Deputies and Collectors of the Court of Sewers, for the putting in Execution from time to time the Decrees, Precess, and Orders of any His Highness Courts at Westminster, or of the Commissioners of Sewers; to the end, the Improvers Just Rites may be restored according to Law: and likew••se, that the said Strangers may have the peaceable Exercise of their Religious Worship in, the place designed for the publique Exercise thereof.

Whitehall the 21^th Aug. 1656.

Signed, &c.

To Commissary Generall Whalley, Major Generall of the Counties of Nottingham and Lincolne.