AN ANSWER To the CASE of the COMMONERS of the MANOR of EPWORTH, in the Isle of Axholme in the County of Lincoln; Published in Opposition to the Bill for making the Statutes of Edw. 1. and Edw. 6. against Destroying Improvements more Effectual.
THOUGH the said Bill is a Publick Bill, and has no Respect to any particular Place; and is designed only to restrain and punish Offenders, and preserve the Publick Peace. Yet the said Commoners would insinuate, That it is Promoted by one Mr. Reading, to support an Improvement made in the said Manor of Epworth, which Improvement, they say, is made against Law. For that the Lord Mowbray, heretofore Lord of that Manor, did approve Part, and made a Grant of the Residue, by which he debarrs all future Lords from making any further Improvement. And that King Charles the First, being Lord of the said Manor, was prevailed on to approve and inclose 7400 Acres, part of 13400 Acres of the Wastes within the said Manor: So that 6000 Acres were but left to the Commoners, for whom the whole were scarce sufficient.
TO which it is hoped they will take this full Answer, That all the said Common and Wastes within the said Manor, were generally Covered with Water, and they could keep but few Cattle thereon, and no Sheep
THAT King Charles the I. being Lord of the said Manor, agreed with Sir Cornelius Vermuyden and others, to Dreyn the same, which they Undertook and Performed at a vast Expence, and have ever since kept the same Dry; so that the Ground, which before was a Pond, is now Firm and dry Land.
FOR which Expence, and for Keeping up and Maintaining the Dreynage, the said Sir Cornelius and his Partners, commonly call'd Participants, had 7400 Acres Assigned to them by the King, by Consent of the Commoners, which they Enjoyed divers Years before the Civil Wars; in which Wars, the Commoners laid all waste; the Commoners thinking the Participants had too much Ground, frequent Suits and Troubles were moved and carried on about the same; all which were, in April 1688. referred to the Honourable Sydney Wortley Esq Sir Thomas Hussey, Sir Willoughby Hickman, Sir John Boynton, George Whitchcott Esq and John Ramsden Esq the last Five whereof met and made an Award therein in April 1688, at the Request and by the Consent of all Parties. That afterwards some Disturbance happening about the Construction of some Words in the said Award, the Suits went on again, and came to hearing in the Exhequer Chamber, in April and May 1691, when and where, by the Advice of that Court, the Commoners and Participants came to a surther Consideration of the said Differences, and to an Acommodation concerning the same, which was reduced into Writing, and brought to the Court, and there Signed by all Parties, and by Consent Decreed by the said Court to stand, and for ever to be effectual, by which Agreement and Decree, the Participants were content, for Quietness sake, to accept of 2800 Acres or thereabouts, in satisfaction of the 7400 Acres, and left the rest to the Commoners; which 2800 Acres were by Commissioners on both sides, Set out and Divided by Consent of the Commoners, and the Participants Enclosed the greatest Part thereof; but the Commoners, notwithstanding their so many and so Solemn Agreements, and the Decrees thereon, have every Year, a little before Harvest, Pull'd down and Destroyed the said Inclosures, and the Corn thereon, either in the Night-time, or in Disguises in the Day-time; and this last Summer, have in the Day-time in Disguises, Pull'd down divers Dwelling-Houses, and many great Barns, Stables, and other Out-Houses [...]
I would insinuate, That it is Promoted by one Mr. Reading, to support an Improvement made in the said Manor of Epworth, which Improvement, they say, is made against Law. For that the Lord Mowbray, heretofore Lord of that Manor, did approve Part, and made a Grant of the Residue, by which he debarrs all future Lords from making any further Improvement. And that King Charles the First, being Lord of the said Manor, was prevailed on to approve and inclose 7400 Acres, part of 13400 Acres of the Wastes within the said Manor: So that 6000 Acres were but left to the Commoners, for whom the whole were scarce sufficient.
TO which it is hoped they will take this full Answer, That all the said Common and Wastes within the said Manor, were generally Covered with Water, and they could keep but few Cattle thereon, and no Sheep
THAT King Charles the I. being Lord of the said Manor, agreed with Sir Cornelius Vermuyden and others, to Dreyn the same, which they Undertook and Performed at a vast Expence, and have ever since kept the same Dry; so that the Ground, which before was a Pond, is now Firm and dry Land.
FOR which Expence, and for Keeping up and Maintaining the Dreynage, the said Sir Cornelius and his Partners, commonly call'd Participants, had 7400 Acres Assigned to them by the King, by Consent of the Commoners, which they Enjoyed divers Years before the Civil Wars; in which Wars, the Commoners laid all waste; the Commoners thinking the Participants had too much Ground, frequent Suits and Troubles were moved and carried on about the same; all which were, in April 1688. referred to the Honourable Sydney Wortley Esq Sir Thomas Hussey, Sir Willoughby Hickman, Sir John Boynton, George Whitchcott Esq and John Ramsden Esq the last Five whereof met and made an Award therein in April 1688, at the Request and by the Consent of all Parties. That afterwards some Disturbance happening about the Construction of some Words in the said Award, the Suits went on again, and came to hearing in the Exhequer Chamber, in April and May 1691, when and where, by the Advice of that Court, the Commoners and Participants came to a further Consideration of the said Differences, and to an Acommodation concerning the same, which was reduced into Writing, and brought to the Court, and there Signed by all Parties, and by Consent Decreed by the said Court to stand, and for ever to be effectual, by which Agreement and Decree, the Participants were content, for Quietness sake, to accept of 2800 Acres or thereabouts, in satisfaction of the 7400 Acres, and left the rest to the Commoners; which 2800 Acres were by Commissioners on both sides, Set out and Divided by Consent of the Commoners, and the Participants Enclosed the greatest Part thereof; but the Commoners, notwithstanding their so many and so Solemn Agreements, and the Decrees thereon, have every Year, a little before Harvest, Pull'd down and Destroyed the said Inclosures, and the Corn thereon, either in the Night-time, or in Disguises in the Day-time; and this last Summer, have in the Day-time in Disguises, Pull'd down divers Dwelling-Houses, and many great Barns, Stables, and other Out-Houses and Inclosures, belonging to the Right Honourable the Lord Viscount Irwin, a Member of this Honourable House, and to divers other Persons, and with much Corn growing thereon, to a great value; and for their Excuse, do make some frivolous Pretences and Allegations against the said Mr. Reading, who neither promoted, knew of, or is concern'd in the said Bill depending in this Honourable House.
Note, THE Commoners have 12000 or 13000 Acres of Common, which would all of it be Covered with Water, was it not for the Banks and Sluces, that are Maintain'd by the Participants at a vast Expence; and yet when any Persons are guilty of the Outrages before-mentioned, the Inhabitants of the adjacent Towns Protect and Conceal them; so that it is scarce possible to Apprehend them by any Process or Warrant, and if Apprehended, they defend them at a Publick Charge.