In the following year, however, Whalley received sufficient power to disarm the rioters, and effectually to prevent the commission of any further misdemeanors, by calling to his aid military force, "to the end that the improvers' just rights might be restored, according to law, and the said strangers have the peaceable exercise of their religion, in the place designed for the public meetings to that purpose." About this time Mr. Reading set himself most vigorously to perform his agreement with the Participants, to subdue the Commoners. He "obtained writs of assistance *, and deputations from the Sheriffs of the three counties, provided horses, and arms, and necessaries, with twenty hired men at twenty pounds a year each, and their diet, with a chirurgeon in ordinary ; and upon particular occasions he hired many more; and after thirty-one set battles, wherein several of his men were killed and many wounded, he subdued these monsters to obedience, repaired the Church at Sandtoft, settled another minister, restored the congregation, and made the Levels quite safe and flourishing." The Court of Sewers seem to have acted toward both parties with great impartiality. On one occasion we find them dismissing certain charges which the Commoners had preferred against Reading†; on another, compelling him to restore a distress which he had illegally taken. After the restoration of King Charles II, Parliament was much occupied with the disputes between the Participants and the Commoners, and with the outrages of which they had been guilty. It was moved that the persons who had so shamefully defaced the Church at Sandtoft should not have the benefit of the Act of indemnity then about to be passed. Orders were issued * Memorial presented to the Court of Sewers in the latter part of his life. + Reading complains also, "that very many actions and thunders of indictments had been brought against him and his assistants, that he had been tried in the Court of King's Bench for killing one of the rioters, and that he had been put to great expence in prosecuting them in all proper Courts, both above and below; and that in levying the fines laid upon the rioters in the Court of Sewers, he had spent several years amidst inexpressible hazzards and difficulties, which occasioned him the loss of his practice, and damage to his wife and children, never to be repaired." issued to try the persons accused of murder and treason, and the Sheriffs of the three counties were strictly enjoined to keep the peace. A bill was brought in to establish a Corporation for the perpetual government of the Levells, which, according to the original agreement between Vermuyden and the Crown, was to have consisted of such persons as Vermuyden should think proper to appoint*. The bill passed the House of Lords; but was lost in the Commons, owing to the opposition of Lord Downe and Sir Thomas Yarborough. It may be as well to remind the reader, that the subject of this obstinate incessant contention was that part of Epworth Common which the inhabitants claimed under Mowbray's deed, seven thousand† four hundred acres of which had been awarded by Sir John Banks to the King and the Participants. This was now referred to certain of the judges, who, though they held several meetings, made no award upon the case. In 1663, the Commoners, by letter of attorney, agreed to have their differences with the Participants settled by "their friends and patrons, Lord George Castleton, Sir George Carteret, Sir John Monson, Sir William Hickman, Sir Charles Hussey, or to any three or more of them§." What was the result of this arbitration I have not been able * Had the bill passed, this Corporation was to have consisted of a Governor, three Bailiffs, twelve Conservators, and a Commonalty, which were to manage the whole Level of Hatfield Chase, levy scotts for the keeping up of the drains, and do every other matter connected with the said drainage, according to the custom of Romney Marsh. They were also empowered to hold a weekly market at Sandtoft, on Friday in every week for ever; and two public fairs, one on the tenth day of April, and one on the tenth day of September. The Governors, Bailiffs, and Conservators, were to be annually elected on the 16th day of February. The qualification for Governor or Bailiff was to be three hundred acres or more of the said drained lands; for a Conservator one hundred and fifty; for a vote at the election of these officers one hundred acres. The Governor, Bailiff, and Conservators were to be constituted the sole Commissioners of Sewers for the said Level, wherein no other Commissioner should in anywise intermeddle. Sir John Saville, Bart. was to have been the First Governor; Edward Waldron, John Gibbon, and Bradbourne the three First Bailiffs; Sir Thos. Abdy, Walter Rea, Mark van Valkenburgh, Robert Hampson, Sir John Anthony van Valkenburgh, Sir Charles Harbord, Sir John Ogle, William Ramsden, John Hatfield, George Johnson, John Hanbliett, and Alexander Broom, were to have been the first twelve Conservators. + Coloured green in Vermuyden's Map, 1639, by Josias Arlebout. able to learn; but it appears that the Commoners managed to keep posses sion of the disputed ground until the year 1681, when Mr. Nath. Reading obtained a writ of assistance from the Court of Exchequer, on the ground that Mr. Ryther, of Belton, had threatened to pull down his house, and the houses of several other Participants; and on this authority he endeavoured to hinder the cattle of the Commoners from pasturing on the lands in question, On the application of the Commoners the force of this writ was restrained to Mr. Reading's house and premises; but on the report of Mr. Toby Eden, which is said to have "been slanderous and false," it was again extended over the whole seven thousand four hundred acres. For the truth of this statement I rely on a petition presented to King Charles II, and signed by nearly twenty of the most respectable gentlemen in the neighbourhood; who assert that they were personally acquainted with the affairs of the petitioners, and believed the substance of the petition to be true*. In 1688, another reference was agreed upon by both parties; when Sir Thos. Hussey, Sir Willoughby Hickman, and Sir John Boynton, made an award "that seven hundred and fifty acres being set aside for the use of the Commoners, the remainder should be equally divided between them and the Participants; but the Islonians refused to abide by it. In 1691, however, this cause coming to an hearing in the Exchequer, the Court recommended the parties to come to some accommodation amongst themselves. Accordingly James Dalbye and William Fulbeck being appointed Commissioners for the Commoners, and William Skiers and Thos. Crosby for the Participants, the decree of Sir John Banks was set aside; and it was awarded that the Commoners + From the original document, in the possession of R. P, Johnson, Esq. signed by Thos. Hussey, Willoughby Hickman, and Geo. Whichcot. of Epworth Manor should have a thousand acres more, to be set out in the first place; that six hundred and sixty-four acres should be set out for the Commoners of Misterton, and that five thousand seven hundred and thirty. six acres, the residue of the seven thousand four hundred acres concerning which all this litigation, rioting, and bloodshed had been, should be surveyed and divided into two equal parts, one half to be enjoyed by the Participants, and one half by the Commoners. The Commoners were also to enjoy the six thousand acres on Epworth South Moor and Butterwick Moor, as first allotted to them. This reduced the share of the Participants on the Isle Commons to two thousand eight hundred and sixty-eight acres. 1 Favourable, however, as this award was to the inhabitants they were determined that the struggle should not end here; but again had recourse to violence and outrage, in order to enforce what they considered as their inalienable right to the whole. For no sooner had the Sheriff of Lincolnshire, by virtue of a writ of assistance, given the several parties possession of their allotments, and the tenants of the Participants proceeded to plough and sow the same, than, while the corn was yet growing, "a great number of men in disguise, women, and children, with Popplewell's wife * at their head, came and pulled down, demolished, and burnt the fences, and destroyed the corn.' About this time the Participants being indebted to Mr. Reading to the amount of three thousand pounds, he solicited them for payment; but they excused themselves on the ground that their expenditor had nothing in hand, and that the rioters had again laid waste their crops; but if he would accept a lease of their lands in Epworth Manor, for six years, they would grant him one for that time, in full consideration of his demands. To this proposal he was very unwilling to accede, foreseeing the evil consequences which would follow; but having no other alternative he was obliged to accept of it. He made several miles of fences, and had ploughed and sown about one thousand acres of land, when, a consultation having been held amongst the rioters, they assaulted him and his sons and servants night and day, shot at * The sole daughter of Robert Ryther, of Belton Esq. Popplewell was one of the principal landed proprietors at Belton, of whom a more particular account will be given in the Topography and History of that place. at him desperately, and killed and destroyed his cattle*. Not being satisfied with the perpetration of these violent outrages, that furious woman, Popplewell's wife, again headed a desperate mob, with a torch in her hand, set fire to his crops, and pulled down his house. She, and others of the rioters were indicted at the Lent assizes, held at Lincoln in 1694; but on submission they were allowed to escape all punishment on the payment of a small fine. To protect himself more effectually against these violent outrages, Mr. Reading got a bill brought into the House of Commons, the preamble of which, after reciting the statutes of Merton and Westminster against * Reading gives the following account of his situation at this time. "That your petitioner was put upon a more forlorn adventure than the first: his straw was taken from him, and his task of brick was trebled: he was disarmed and yet must fight and engage with a hydra grown more formidable than ever. But no other choice or retreat being left him he was forced to push on ; and having at great expence made several miles of fences, and turned off the cattle of the enraged enemy, and beaten his swords into plough-shares, and sow'd almost a thousand acres, such mischiefs grew thereupon, that instead of receiving one thousand pounds by the lease, it has occasioned his being damnified six thousand pounds; for a consult being had amongst them, they assaulted him and his sons and servants night and day, fired at them desperately, indicted them again and again, killed and destroyed his goods, fired his house with design to have burned him and his wife and children in their beds, and afterwards great numbers of them having been disguised and armed, destroyed all his out-houses and tenants' houses near, chopped down his fruit trees, plundered a new house he was forced to build to ly in, and would have fired that also, had not orders come to the contrary *, carryed away his goods, burnt his fences, turned their cattle into his corn, and gave him the diversion of all points of military execution. And when your petitioner complained thereof above, and obtained pardon for the discovery of these villaines, and had several of them in prison, some of the dragoons were suborned by their commanders to deny upon oath whatever they had confessed, and was fully proved against them (the rioters); who being outlawed, braved the laws, and detached some of their principals to go up with a public purse, and defy the Parliament; having forged notorious falsehoods, which they had the impudence to print and distribute to the Members of both Houses. "Thus triumphing in their impunity, your officers are hereby discouraged; and not daring to put your decrees, as they say, in execution amongst them, the burden of the public works is hereby thrown on the Participants' lands. And to such insolence have the rioters now grown, that a great part of the lands belonging to the Crown and the said Participants are vastly in arrear to the Court, and therefore leased to your petitioner. [Part of these lands] are graved up and carried away by them, and other parts are enclosed by them, and let out to raise money to defy her Majesty's Government, and your authority under her commission." From the original document in Reading's handwriting, now in the possession of Robert P. Johnson, Esq. • From old Popplewell I suppose. |