The history of imbanking and drayning of divers fenns and marshes, both in forein parts and in this kingdom. (1662) William Dugdale – Chapter 27

Being now come into Lincolnshire, I shall first begin with the Isle of Axholme, which for many ages has been a fenny tract, and for the most part covered with waters; but more anciently not so. For originally it was a woody country, and not at all annoyed with those inundations of the rivers that passed through it, as is most evident by the great numbers of oak, fir, and other trees which have been of late frequently found in the moor upon making of sundry ditches and channels for the draining thereof; the oak trees lying somewhat above three foot in depth, and near their roots, which do still stand as they grew, viz. in firm earth below the moor; and the bodies, for the most part northwest from the roots, not cut down with axes, but burnt asunder somewhat near the ground, as the ends of them, being coaled, do manifest. Of which sort there are multitudes, and of an extraordinary bigness; viz. five yards in compass and sixteen yards long; and some smaller of a greater length, with good quantities of acorns near them; and of small nuts so many, that there have been found no less than two pecks together in some places.

But the fir trees lie a foot or eighteen inches deeper; of which kind there are more than of any other; many of them being above thirty yards in length. Nay, in the year 1653 there was a fir pole taken up by one Robert Browne of Haxey, of thirty‑six yards long (besides the top), lying near the root, which stood likewise as it grew, having been burnt and not hewed down; which tree bore at the bottom ten inches square, and at the top eight.

About twenty years since also, in the moors at Thorne (near five foot in depth) was found a ladder of fir, of a large substance, with about forty staves, which were thirty‑three inches asunder; but so rotten that it could not be gotten 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 stagnation 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 cartloads in a year.

As to the time when this woody level (which extends itself into Dikes Marsh and Hatfield Chase in Yorkshire) became first thus overflowed, I can say nothing, there being not any memorial thereof transmitted to us from the light of history or records; but that it has been so for divers hundreds of years, the depth of the moor does sufficiently manifest, which could not in a few ages grow to that thickness it is of. However, as to the occasion thereof, I may rationally conclude it to have been through the muddiness of the constant tides, which flowing up Humber into Trent did in time leave so much silt to obstruct the currents of Idle, Don, and other rivers, that having not their free passages as formerly, they flowed back and overwhelmed that flat country with water; insomuch as the high ground became an island, as it is still called; and a place so defensible, in respect of the spaciousness and depth of the waters environing it, that Roger Lord Mowbray, an eminent baron of this realm in King Henry II’s time, and then lord thereof, adhering to young Henry upon his rebellion in those days, repaired hither and fortified an old castle which had been long ruinous; for reducing whereof to the King’s obedience, the Lincolnshire men, having no other access thereto, transported themselves by shipping in the year 1174 (20 Henry II). So likewise in 1265 (50 Henry III), after the battle of Evesham, wherein the rebellious barons were discomfited, some of them fled 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 husbandry of those in other countries who had by banking and draining made good improvements in such fenny places, began to do the like here. For in 1 Edward III (1327) I find that Robert de Nottingham and Roger de Newmarch were constituted commissioners 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 John Darcy of the Park, Roger de Newmarch, and John de Crosholme.

Several other commissions there were afterwards to the same purpose; viz. in 25 Edward III (1351) to William Basset, Thomas de Swinford, William de Clive, Thomas Levelance, William Wascelyn, and Thomas Degmanton, for all the banks and sewers within this Isle. In 26 Edward III (1352) to Ralph de Willughby, William Basset, William de Skipwith, Illard de Usflete, Robert de Haldanby, John de Lasingcroft, and John de Flete of Bulwiche, for those upon the rivers of Trent and Don within the Hundred of Crowle. In 39 Edward III (1365) to John Tours, William Wascelyn, and Ralph de Burnham, for those upon the rivers of Don, Idle, and Bykersdyke in this Isle; wherein they were directed to proceed according to the laws and customs of this realm. In 40 Edward III to (1366) Thomas de Ingelby, William de Fyncheden, William de Galby, parson of the church of Epworth, and others, for those in the parts of Balne and Marshland and the lordship of Hatfield in the county of York, as also within this Isle and Soke of Crowle in this county. The like commission had the said Thomas and William with Roger de Kirketon and others in 41 Edward III. (1367) So also in 43 Edward III (1369) had Master John de Burnham, William de Galby, clerk, Richard Poutrell, and others, for those in this Isle between Butterwick and Gunthorpe.

In 2 Richard II (1378) to Henry Percy, Earl of Northumberland, William de Skipwith, Roger de Fulthorpe, Henry Asty, John Poucher, Thomas de Burnham, and William de Topclyf, for those between Bykersdyke and Donhead throughout all this Isle and the Soke of Crowle, then in decay through the force of Trent. And in 7 Richard II (1383) to Thomas de Mowbray, Earl of Nottingham, Sir William de Willughby, knight, William de Skipwith, and others, for all those in this Isle, as also between Bykersdyke on both sides in Nottinghamshire and the river of Don in Yorkshire.

And whereas the said John de Shireburne did newly make the same sluices of stone, sufficient (as he thought) for defence 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 expedient, for the advantage of the country, that the then Abbot, if he pleased, would in the place where those sluices of stone were made, cause certain sluices of strong timber to be set up, consisting of two flood‑gates; each flood‑gate containing in itself four foot in breadth and six foot in height; as also a certain bridge upon the said sluices, in length and breadth sufficient for carts and other carriages which for the future might pass 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 Robert Lyulf of Waterton, elected and sworn by the before‑specified commissioners, or some others to be chosen by them; that thenceforth the said Abbot of Selby, Richard Amcotes, and other of the freeholders of Crowle, Amcotes, Waterton, Garthorpe, Luddington, and Eltoft in this county of Lincoln; as also all the said towns in common, should, in respect of their lands and tenements lying within that soke, be obliged of right to keep them in repair.

And they said further, that it would be very necessary that the before‑mentioned Abbot, if he pleased, should cause to be there made, without the said sluice, towards the river of Trent, at the feast of Easter then next ensuing, one demming for that present. And they also said that, for the future, the said freeholders, as also the said towns, and every of them, might cleanse and scour the said sewer called the Mare Dyke, according to the proportion belonging to each of them therein, from the said sluice to the bridge of Luddington, called Lane End Bridge.

Whereupon the sheriff was commanded to summon the said Abbot, Richard Amcotes, and the rest, to appear before the before‑specified commissioners at Crowle aforesaid, on the Tuesday next before the Nativity of the Blessed Virgin then next ensuing, to answer, etc. At which day they all came accordingly, and could not gainsay what had been so presented by those jurors.

And long after this, viz. in 5 Edward IV, Sir Thomas Burgh and Sir Robert Constable, knights, John Nevill, Robert Sheffield junior, Thomas Moigne, Richard Haunserd of Duresby, and others, were constituted commissioners for the view and repair of the banks and sewers throughout this Isle; as also between Bykersdyke on each side in the county of Nottingham, and the river of Don on both sides in the county of York; and within the wapentakes of Manley, Yarborough, Corringham, Axholme, and Walshcroft in this county of Lincoln; and to make statutes and ordinances therein consonant to the laws of the realm and custom of Romney Marsh; as also to impress so many labourers as they should think necessary for that work, upon competent wages, in respect of the great necessity for hastening thereof.

Having thus traced down the successive commissions for improvement of the marshes in this Isle by banking and draining until after the statute of 6 Henry VI (1427) (which statute prescribed 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 employed therein to make and ordain necessary and convenient statutes and ordinances for the salvation and conservation of the sea‑banks and marshes and the parts adjoining thereto, according to the laws and customs of Romney Marsh; and likewise to hear and determine all and singular complaints that shall come before them touching that business, according to the laws and customs of this realm and the customs of the said Romney Marsh; appointing 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 further instances of this kind. I shall therefore descend to that great and no less commendable work which was undertaken shortly after the beginning of the late King Charles his reign; not only for the draining of all the surrounded marshes of this Isle, but of the adjacent fenny grounds lying in Yorkshire, viz. Hatfield Chase and Dikes Marsh.

Wherein I may not omit to observe that the overflowings of the fresh waters over that whole level were such, by reason that the before‑specified rivers of Idle, Bickers Dyke, Torne, Don, and Aire were obstructed in divers places with so much silt and other impediments, chiefly contracted by the daily tides (as I have before declared), that not only in winter, but even in the summer time, boats laden with plaster have passed over that part thereof called Hatfield Chase to a place called Hollen Bridge near Hatfield Woodhouse, the water upon the drowned grounds being about three foot deep; and the fisher’s house called Steer’s Lodge, standing on ground thrown up and raised three or four foot above the level, often drowned.

Neither was Haxey Carr less overwhelmed, large boats laden with twenty quarters of corn usually passing over it from the river of Idle to Trent bank; men rowing also with lesser boats to look swans over all parts of it between Lammas and Michaelmas; and in like sort over Starr Carr and Axholme Carr; insomuch as there were no less 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 Hatfield Chase, with Dikes Marsh, together with the lordships of Wroot and Finningley in the county of York, all lying upon the same flat; out of his royal and princely care for the public good, in regaining so great a proportion of surrounded land, which at the best yielded little or no profit to the commonwealth, 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 oppressed the residue; resolving by the advice of his Council, partly for the easing of his charge and increase of his revenue, and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good meadow, arable, and pasture for the general good; did, under the Great Seal of England, contract with Cornelius Vermuyden, then of the City of London, Esquire, by articles bearing date the twenty‑fourth day of May in the second year of his reign, the substance whereof was as follows.

1. First, that the said Cornelius should, at his own charge, drain and lay the same dry; beginning the work within three months after the said King should have agreed with those persons that had interest of common therein; and finish it with all possible expedition.
2. That he, the said Cornelius, in consideration 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 manor of East Greenwich, in free and common socage.
3. That he, the said Cornelius, should pay and satisfy to the owners of all lands lying within the same level and so surrounded, such sums of money as the said lands should be thought worth by four commissioners; whereof two to be named by the Lord Treasurer of England for the time being, and the other two by him, the said Cornelius.
4. That the work being finished, there should be, for the better preservation thereof, a corporation made, to make acts and ordinances to that end as occasion should require; consisting of such persons as he, the said Cornelius, and his heirs did nominate.
5. That within three years after they should be finished, six commissioners should be appointed; viz. three by the Lord Treasurer of England for the time being, and three by the same Cornelius, his heirs, etc., to view them and estimate what the future yearly charge might amount unto for the perpetual maintaining of them; whereupon the said Cornelius to convey and assure the inheritance of lands to such a value as might be thought sufficient to support that charge.

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 composition, in land or money, concerning the same.

Whereupon commissions were accordingly directed to several gentlemen of those counties to treat and agree with all such as pretended right of common within any of the manors above‑mentioned; which took effect with each of them except those of the manor of Epworth in this Isle. But Sir Robert Heath, being then Attorney General, exhibiting an information in the Exchequer Chamber against them, three hundred and seventy (who were all that at that time could be discovered to have right of common there) came and submitted to such an award as Sir John Bankes (the then Attorney General) should make therein. Who, upon several hearings of all parties and their counsel, made this award; viz. that of thirteen thousand and four hundred acres belonging to that manor (which was then to be drained with the rest of the level), six thousand acres should be allotted to the commoners as their part or portion, lying next to the towns, and so preserved for ever at the charge 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 Cornelius Vermuyden and his participants 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 established with the said Cornelius Vermuyden and his participants and to their assigns.

The agreement being therefore thus made, this great work was accordingly begun, and had so successful a progress that, with the charge of fifty‑five thousand eight hundred twenty‑five pounds, or thereabouts, it became fully finished within the space of five years; the waters which usually overflowed the whole level being conveyed into the river of Trent through Snow Sewer and Althorpe River by a sluice, which issued out the drained 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 public by this noble, though chargeable, work, I shall here, from the before‑specified depositions, observe:

1. That since the draining of Haxey Carr, a great part thereof has been sowed with rape and other corn for three years together, and borne plentiful crops.
2. That some part of the said Carr, not worth above sixpence an acre per annum, was after the said draining worth ten shillings the acre.
3. That several houses have been since built and inhabited in sundry places of the said Carr, which formerly was drowned land; so likewise in other parts of the level.
4. That since the draining, the grounds are better worth thirteen shillings fourpence an acre than they were two shillings an acre before.
5. That of ten acres of drained land, fifty quarters of rape seed have been gotten in one year and sold at thirty shillings the quarter.
6. That of the said drained grounds they 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.
7. That before this draining, the country thereabouts was full of wandering beggars; but very few afterwards, being set on work in weeding of corn, burning of ground, threshing, ditching, harvest work, and other husbandry; all wages of labourers, by reason of this great use of them, being then doubled.

Hereunto I shall add what I find in that printed relation before‑mentioned; viz. The State of the Case; that is, 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 above‑said, 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 religion here), who erected and planted above two hundred habitations for husbandry, and ploughed and tilled much of the said twenty‑four thousand and five hundred acres of land, to the great benefit of the commonwealth. All which they enjoyed till about the month of June in the year 1642, 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 advantage 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 preserving the true religion, laws, liberties, and peace of the kingdom, as their votes and remonstrances did set forth; a vast proportion of money and plate being brought in by the citizens of London and others for that purpose; the King being at that time at York with some slender guards, which they voted to be a levying of war against his Parliament), they arose in tumults, broke down the fences and enclosures of four thousand acres, destroyed all the corn growing, and demolished the houses built thereon.

And about the beginning of February ensuing, they pulled up the flood‑gates of Snow Sewer, which by letting 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 level were drowned, and the inhabitants forced to swim away like ducks; and so continued guarding the said sluice for the space of seven weeks together, letting in the tides at every full water, and keeping the sluice shut at an ebb. And about that time likewise, some of the inhabitants of Misterton pulled down another sluice near that town; which occasioned the river of Trent to break down the banks and overflow the whole level, so that the barns and stacks of corn were drowned a yard high at the least.

And thinking this not to be mischief enough, the inhabitants of the Isle of Axholme did about Michaelmas in the year 1645 tumultuously throw down a great part of the banks, and filled up the ditches, putting in cattle into the corn and pastures of those that had been adventurers for the draining.

Whereupon the said participants in this great and costly work, by their humble petition exhibited to the Parliament in December following, presented that after the expense of at least two hundred thousand pounds in those works, the tenants of the manor of Epworth, notwithstanding their consents to that decree before‑specified, which had been passed in the Exchequer for settlement of what had been agreed on and set out of that manor for the said participants and their tenants, had in a tumultuous manner thrown down and laid waste a proportion of at least seventy‑four thousand acres of land, and destroyed a great quantity of rape and corn growing, by forcibly keeping and depasturing their cattle thereon; as also demolished very many houses, burnt others, cut and burnt the ploughs, beat and wounded those that were ploughing or resisted them in any of those their outrageous acts; and then threatened the drowning of the whole by cutting of the banks and misusage of the sluices; and moreover, that they resisted the said participants in levying taxes for the repair of the works, to the great damage of the commonwealth in general, and scandal to the justice thereof, in case these things should not be restrained and the offenders punished.

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 sheriff of the said county of Lincoln and justices of peace there should, upon complaint made to them therein, punctually pursue the statutes made in 13 Henry IV for suppressing of riots and routs, and call to their assistance, if need required, the trained bands of the said county and the Parliament’s forces next adjoining, to be aiding and assisting to the said participants in guarding and keeping these sluices and sewers, and in repairing what had been so demolished, and in levying the taxes legally imposed, tending to the preservation of so good and beneficial a work to the commonwealth. And for the settling of this business, they further ordered that the sheriff of the county of Lincoln for the time being should, upon request to him made by the said participants, appoint such a deputy within the limits of the same level 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 forthwith published in the several parish churches and market towns of this county.

Which course being thus taken for restraint of those their tumultuous and riotous practices, seven of the inhabitants of the said manor of Epworth brought their actions at law against the said participants for recovering of what had been so formerly settled by the before‑specified decree with their own consents.

Whereupon the said participants, exhibiting their bill in the Exchequer Chamber for establishing their possession against those seven, obtained this order; viz. that the King’s Solicitor General should proceed upon the same in that court with all convenient speed; and in the meantime the possession of the lands in question to be held in quiet by the plaintiffs, as it had been formerly settled by the said court and enjoyed at any time since the said decree made; and likewise that their suits at law should be stayed by the injunction of the same court until the hearing of the cause, or that the court gave further order therein.

Upon which injunction the sheriff had a writ of assistance, and came with near a hundred persons to quiet the possession and set up the banks of those four thousand acres first laid waste. But one Daniel Noddell, solicitor for the before‑mentioned inhabitants, hearing of the said sheriff’s coming, got together about four hundred men and forced him, with all his assistants, to flee; and having so done, demolished what he the said sheriff 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 Noddell discerning, he drew in to his aid Lieutenant Colonel John Lilburne (a person of a most turbulent spirit, and who since died a Quaker) and Major John Wildeman; and, whilst the cause was hearing, joined with the said inhabitants in a further riot on the remaining three thousand four hundred acres, which till then had been kept up; impounding the tenants’ cattle and refusing to admit of replevins, and so forced them to what rates they pleased for their redemption.

Whereupon the said participants, not knowing otherwise what to do, complained several times to Michael Monckton, a justice of peace in those parts; who not only refused to grant any warrants or pursue any legal course for their preservation, but on the contrary gave encouragement to the rioters; 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 thinking it fit to fine the delinquents at four or five marks apiece, the said Monckton moved openly that their fines might be but sixpence apiece, and insisted so earnestly thereon that the fine imposed on them was no more than twelvepence a man.

However, after this, viz. in February 1650, upon a full hearing in the Exchequer, a decree was made for establishing the possession with the participants; which being published on the place in presence of divers of the said inhabitants, they, having gotten the influence of the said Lilburne, Wildeman, and Noddell, declared that they would not give any obedience thereto, nor to any order of the Exchequer or Parliament; 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 Sandtoft; and within ten days’ time did totally demolish the town itself, with other houses thereabouts, to the number of fourscore and two habitations, besides barns, stables, and outhouses; as also a windmill; and destroyed all the corn and rape then growing on the said three thousand four hundred acres; the damage of all which amounted to fourscore thousand pounds, as appeared by the testimonies of sundry witnesses.

All which waste and spoil being done, the said Lilburne, Wildman, Monckton, and Noddell, confederating together, made an agreement with several of the inhabitants of Epworth, that in consideration of 2000 acres of the said land, wasted, to be given to Lilburne and Wildman, and 200 acres to Noddell, they, the said Lilburne, Wildman, and Noddell, should defend them from all those riots past, and maintain them, the said inhabitants, in possession of all the rest of the 7400 acres before laid waste, and keep them dry; and in accomplishment of that agreement, sealed deeds accordingly. Which being done, the said Lilburne and Noddell, with some others, came to Sandtoft Church on the Sunday, and forced the French congregation from thence, telling them that they should not come thither except they were stronger than they.

And after this, the said Lilburne and Noddell 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’ cattle; and that if any replevin were brought, they should impound them again, 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 tenants therefore, being thus terrified, and seeing their condition no better than their neighbours, took leases from Jasper Margrave and George Stovin (two of Lilburne’s confederates), who gave bonds to save them harmless; by which practice and the former force, the petitioners became outed of their possessions in both these manors.

And at the making of those leases, Noddell declared openly, in the presence of divers persons, that he would lay twenty shillings with any man, that as soon as Lilburne came to London, there should be a new Parliament; and that Lilburne should be one of them, and call that Parliament to account. Further adding, that they having now finished this of Lincolnshire (meaning gotten the land from the petitioners), they would go into Yorkshire (that is, the rest of the level) and do the like there; and then they would give the Attorney General work enough to do.

And Noddell said at another time, that now they had drawn their case, they would print it and nail it at the Parliament door; and if they would not do them justice, they would come up, and, making an outcry, pull them out by the ears. And having thus possessed themselves of the proportions above mentioned, they demised several parts thereof to sundry persons; Lilburne himself, repairing 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 employed the church for a stable and barn.

A narrative of all which barbarous outrages and high insolencies of the before‑specified Lilburne, Wildman, and Noddell, with their confederates, was 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, April 10th 1653, which was before this report could be made by that committee, 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, further 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 level of Hatfield Chase, or within the counties of York, Lincoln, and Nottingham, 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 participants for settling and establishing the possession of the 7400 acres of those late improved lands within the manor 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 courts of justice touching their possession therein; and likewise for preventing such riots and outrages for the future.

And in respect of the great damage suffered by the said participants and their tenants, they further 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 rioters and to punish them according to law and justice; and to enquire of the damages suffered, as aforesaid, by the said participants and their tenants, to the end that they might have just reparations for the same. Which order bears date at Whitehall the 31st of August 1653.

But notwithstanding this, and the former orders and letters of the Parliament and Council, the said inhabitants still continued in their riotous and 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 opposition to all authority.

Upon another petition therefore presented by the said participants and their tenants, together with a remonstrance of the Commissioners of Sewers unto the Lord Protector and his Council, an order of reference was made upon the 15th of April 1656 to the Lord Fiennes, then one of the Commissioners of the Great Seal, the Lord Lambert, Major 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 parties 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 rioters in all the outrages before expressed.

Whereupon the Council of State, by their letters dated at Whitehall 21st August 1656, and directed to the said Major General Whalley, recommended the redress thereof to his care; and to that end desired him to improve his endeavour upon all occasions to prevent any further riots and misdemeanours in those places; and in order thereto, to punish such their scandalous disobedience 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 regiment to be effectually aiding and assisting to the sheriffs 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, process, and orders of any of the courts at Westminster or of the Commissioners of Sewers; 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.