The Title of Sir Thomas Dawes Kt. Thomas Cromwell, and Humfrey Walrond, Esqs and Josias Tully, Gent. to certain Improved Lands in the West and North Fenns in the County of Lincoln, together with the Objections, and An∣swers to the same, as it now depends in PARLIAMENT.
THe late King Charls being seized in Fee in right of his Dutchy of Lancaster, of the East, West, and North Fenns, in the County of Lin∣colne, in which his Majesty and his progenitors, as Lords, had right of common and liberty of receiving in Cattle to agistment, his Majesty and his Progenitors (untill the late improvement made by his Majesty) have anciently let his said right of Common and Agistment, for the yearly Rent of 18 l. per annum, for which his Majesties Farmor hath used to keep and take into Joistment, as great a Stock as all the Commoners kept, as the Commoners themselves confess.
16 July, in the 11 year of his said Majesties Reign, a Commission issued under the Dutchy Seal to sir Anthony Irby and others, to treat and agree with the Commoners for an improvement to be made out of the said Fenns unto his Majestie: Upon the treaty of which Commissioners, the Commoners did offer and agree under their hands, that his Majestie should have one Moyty of the West and North Fenns, so as they might have the sale of the other Moyty grant∣ed unto them, discharged of the said Rent of 18 l. and of all right of common to be after claimed by his Majesty or his said Farmor of the said Agistment, which was accepted of by the Commissioners for his Majestie, so as his Majesty might have 1000 Acres out of the said East Fenn, all which was then set down in wri∣ting, and assented unto, and subscribed by about 1700 of the Commoners (being more then in truth had right of Common in the said Fens) which they de∣sired might receive further strength and settlement by decree of the Dutchy Court.
Whereupon in Mich. Term following, for settling of the said agreement by Decree, an Information was exhibited in the Dutchy Court by his Majesties Attorney of that Court, against the Commoners that had assented to the said improvement; and others that had not assented, to the number of 200, or 300 by special name.
In the same Mich. Term, 11 Car. the Commission was renewed to treat and compound with such Commoners as had not assented, and it was then also or∣dered by that Court, that those who had assented, being many in number, should elect some certain persons to answer for them, by whose answers they would be bound, and that such as had not assented, should likewise elect some persons to answer for them, by whose answers they would be bound.
In December following, a Commission issued accordingly to sir Anthony Irby and others, who meeting with the Commoners, those who formerly had as∣sented, together with such others as had not formerly assented, did all signe the said former agreements, and did also under their hands elect certain persons to answer for them.
Whereupon the persons so elected to answer, made their answers, confessing the agreements aforesaid, in haec verba, and that they were willing to perform the same, so as the agreement, as to them, might be performed on his Majesties part.
Whereupon in Hillary Term following, in presence and by assent of Mr. Attorney General for his Majestie, and of the Commoners councel, it was ordered in the Dutchy Court, that a Commission should issue forth, according to the first agreement, unto 8 Commissioners; 4 to be chosen on his Majesties part, and 4 by the Commoners, to make division of the said West and North Fens; and to set out 1000 acres in the East Fen, according to the said agreement.
According to which order, Hill. 11. Car. a Commission issued to sir Edward Heron, sir Anthony Irby, Richard Tothby, Thomas Hatcher, Isaac Johnson, Thomas Coke, Thomas Wright, Esquires, and Thomas Styleman Gent.
2. Maii, 12 Car. the said Commissioners certifie, that they had made a division of the West and North Fens into two moyties, and had set out 1000 acres in the said East Fen, which moyties were designed upon a plot by the Letters of A. and B. and election given and made, by the Commoners, to chuse which part they would (the plot remains on Record in the Dutchy Court subscribed by the said Commissioners.
In the same Hill. Term 12 Car. An Injunction out of the Dutchy Court was granted to establish the possession of the moyties, according to the division, and an Order made to decree the division if cause were not shewn to the contrary by a certain day that Term.
At the day appointed, in presence of Mr. Attorney General for his Majestie, and of Serjeant Foster, sir Richard Leidall, Mr. Lane, and Mr. Welcome, of councel with the Commoners, upon reading of the agreements and all former proceedings, the said agreement and division were decreed.
Since which his Majestie for a yearly Rent of 600 l. per annum, and other valuable considerations hath granted his moytie unto sir Robert Killigrew, Mr. Kirke and others.
Some of these Patentees have since for great sums of money, sold their parts unto such as are now interested, who have bestowed much money in building upon, dividing, planting, and husbanding of the said Lands.
About Mich. Term 1641. some in the names of themselves and others, preferred their Petition in the Commons House of Parliament against the said improvement, not by their Petition so much as alleadging any injustice in the Decree made for the same in the Dutchy Court, nor any thing else (except some untruths to be denied) worth the answering: Which are as followeth.
Obj. First, that they were terrified to yield assent to the said improvement, by being served with a multitude of Privy Seals.
Answ. It was their desire upon the Agreement aforesaid, that for the strengthening thereof it might be decreed, and for that the decree might have been er∣roneous, if passed without proces served in the Defendants, they were therefore served with Privy Seals (which was the proces of the Dutchy Court) there to answer; and where so many were interested, many must of necessity be served: But to lessen the number, none were served but the persons elected to an∣swer for themselves and the rest, according to the Order before agreed.
Obj. 2. That they were drawn to the agreement by specious pretences and threats, as that they should have his Majesties grace and favour, if in a fair way they would consent to yield his Majestie a proportionable part of the Common; but if not, his Majestie would proceed in suit against them.
Answ. We deny any such words used, but if they were, it could imply no more, but that his Majestie would be glad to have that from them in a fair way, which otherwise he must be forced to seek (being his just right) by a legal way.
Obj. 3. That many of the most considerable persons amongst them never consented to the improvement.
Answ. This we deny, and say, all that have any shadow of right have assented, the rest are Cottagers, or inhabitants in new erected houses, which cannot prescribe to any right of Common.
Obj. 4. That the agreement was not performed on his Majesties part.
Answ. 1. The King by decree is barred of his Broovadge, and all right of Joystment in the Commoners part, and they ever since have enjoyed their part free from the same. 2. His Majesties Broovadge Rent of 18 l. per annum is by the Decree and by right of Turbery likewise discharged, and the soil of their part decreed to them. 3. The parties above named, and others under whom they claim, long since (being in quiet possession of their Lands) did for several years together desire the said Commoners to nominate the persons to whom they would have the soil of their part granted for them, offering that the same should be passed and sent to them under the great and Dutchy Seals, without charge or trouble to the Commoners; but could not be effected, by reason the said Commoners could never amongst themselves agree who should be their Trustees in that behalf.
So that the improvement being made by consent, setled by Decree in a Court of Justice, all performed that could be performed on his Majesties part; qui∣et possession enjoyed on both sides accordingly for divers years, yet the Commoners whilst their Petition depended in Parliament undetermined, nay unheard through their own slackness, in apparent contempt of the Justice of the Parliament, and against all Law, did in great Troops enter upon the said Patentees Lands, destroyed their grass and corn, cast down their inclosures, pulled down their houses on the said Lands, and by force kept possession of all the said Lands ever since, to the damage of the parties abovesaid, and others interested in the said Lands of above 50000 l. whereupon the parties above named, in their Petition to this present Parliament, do pray, that upon their shewing the said decree by consent as aforesaid, and proof made of their quiet possession there∣upon, and of their forcible casting out, they may be restored to their quiet possession, of their several shares of the said Lands, amounting in all to the quantity of about 1400 ac. and an Act pass for their future quiet and enjoyment of the same in severalty, according to their respective Estates therein.
