A Bill being brought into the Honourable House of Commons reciting the Statutes of Merton and Westm ; the 2d , against pulling down and destroying Fences of approved Grounds , by unknown Persons in the Night : And further reciting , That divers evil disposed Persons are grown so impudently Bold of late , that they not only in the Night time burn , pull down , waste and destroy Houses , Fences of Approvement , and other Things ; but also in Multitudes armed and disguised in such manner as they may not be known , in the Day-time commit the same Offences , in Contempt of the Law , and the insupportable wrong and damage of many of his Majesties Subjects ; and the Towns adjoyning will not apprehend such Offenders , and bring them to punishment : Wherefore it is prayed that it may be enacted , That if any Person disguised do in the Day-time destroy any such Fences or Corn , and the Towns next adjoyning do not upon Notice given to the Constable , or other Chief Officer , Apprehend and cause to be brought to punishment such Offenders within a reasonable time ; That such Township next adjoyning for every such neglect , shall be distreined to levy and make up at their proper charge such Hedges and Ditches , and answer Damages to the Party or Parties , in like manner as Towns neglecting to Indict such as are guilty of throwing down Fences in the Night are by the said former Statutes to be distreined ; and answer Damages .

Please to observe , That although this Bill is brought in as a Publick Bill , for the good of the whole Kingdom , yet it is brought in by the promotion of Nathaniel Reading Esq ; and purely for his own private ends , and to prejudice the Inhabitants of the said Mannor of Epworth .

Please to observe , That the Statute of Westm 2.13 Edw . I. cap . 46. saith , That the Statute of Merton shall not only bind the Lords Tenemants , but Neighbours which claim Common : But if any claim Common by special Feoffment , or Grant for a certain number of Beasts , or otherwise which is due to him of Common Right , he shall recover the same according to the Form of such Grant .

In the time of Edw . III . Lord Mowbray was Lord of Epworth Mannor : And he then made an Approvement of a great part of the Wasts and Commons belonging to that Mannor : And his Tenants complaining thereof to him , to the end that he and his Heirs , and all future Lords , might be debarred from making any further Approvements , by his Grant or Charter dated 1 May 33 Edw . III . did grant , That he or his Heirs , would make no further Approvement of any part of the residue of the said Commons ;

The said Mannor of Epworth came to the Crown in Q. Eliz . time . The Common or Wasts of Epworth contain 13400 Acres .

King Charles the First coming to be Lord of this Mannor of Epworth , by the insinuation of some cunning Men , was prevailed upon to Approve and Inclose 7400 Acres , part of the said Waste , and left but 6000 to the Commoners , who are a numerous People ; four large Parishes of a great circumference : And the whole Common left by Mowbray was scarce sufficient for them .

The said King Charles I. in the 11th year of his Reign , granted the said 7400 Acres to some Persons who call themselves Participants .

As this Case is , King Charles could not Approve any part for two Reasons : First , Because there was no Surplusage . 2ly . Because Mowbray their former Lord , had approved part ; and made the said Deed of the residue ; which debars all future Lords from making any further Approvement , in that the Law is clear .

Some time after the said pretended Approvement was made , several Trials were had both at Bar and at the Assizes , between the said Commoners and Participants about the said 7400 Acres : And the Commoners having obtained many Verdicts , at the last the said Participants wholly left the said 7400 Acres ; and the Commoners have for most part enjoyed the same .

Till the said Mr. Reading having by some ill practices , lately gotten into possession of some part of the said 7400 Acres , inclosed the same about two years ago ; and some Commoners threw down some of his Fences ; for which he brought his Writ , ●… rounded on the said Statute of Westm 2. And the Commoners in Easter Term last pleaded in Justification their Title of Right of Common : And Mr. Reading hath not yet proceeded to Try the same , being sufficiently satisfied of the said Commoners Right thereto : And that their Right to the said 7400 Acres has been often affirmed by many Trials , both at the Bar and at the Assizes .

That in case this Bill should pass into an Act , it would be severe on all Towns , and especially on the Inhabitants of this Mannor of Epworth , their Commons lying many Miles in length : Insomuch that a constant Watch of less than One Hundred Persons , could not secure the Fences : And in case such Watch should be kept for that purpose , yet in misty Days Fences may be thrown down , and the Watch not see them .

That the said Commoners of Epworth have great reason to believe , that the said Mr. Reading hath so great prejudice to them , that in case this Bill passes into an Act , he will by himself or his Servants , when he or they see the Coast clear , and that they are not seen , pull down the Fences themselves ( as he hath often already done , or caused to be done , and charged it on the Commoners ) on purpose to damnifie them .

So that the said Commoners have great reason to fear , that in case this Bill passes into an Act , it will tend to the utter ruine of the Inhabitants of this Mannor of Epworth .

Therefore the Inhabitants of the said Mannor of Epworth do humbly pray , that in case it shall be conceived , that this Bill may be for the publick good of this Kingdom , That there may be a Proviso therein inserted , ( That it shall not extend to any part of the Commons or Waste of Epworth Mannor , or Inclosures made , or to be made therein , in regard the Commoners there Claim by Grant . )

Or otherwise , That the said Bill may not pass .