C78/1096, no. 2
C78/1096 no.2
Chancery decree: Inclosure of Waddingham 1701
Transcript: Dr. Tom Smith
Decret
Maudson & al
Bainton et al
Whereas heretofore that is to say
On or about the tyme of [blank] which was in the yeare of our lord God, according to the computation of the church of England, one thousand seven hundred, John Maudson, John Bainton, Joseph Anderton, William Burrell, Clement Meggison, James Smith, Robert Parrott, Denton Middlebrooke, John Dawber, John Robinson, William Fox, Robert Harrison, Robert Lacy, Mathew Hannay, William Overdale, Robert Barnard, Isabell Atkinson, George Johnson, Elianor Adams, John Barnard, John Lacy, Thomas, Berridge and James Cressey landholders and freeholders of Waddingham in the county of Lincoln, compl[ainan]tes,
exhibited their Bill of Complaint against:
James, Lord Bishop of Lincoln & Sir Thomas Trevor, his majestyes Attorney Generall, James Thompson gentleman, Thomas Harvey clerk, William Burnett junior, Hannah Smith widow, William Brumby, Robert Hannah, Mary Atkinson, Henry Waterland and the Deane and Chapter of Lincoln, Defendants.
Thereby setting forth that the Complainants being severally seized of severall Acres or Oxgangs of arable land lyeinge intermixt in the comon feilds of Waddingham aforesaid and in severall meadows Wastes Comons and Pasture ground lyeing uninclosed with right of comon to the same appendant, or to the houses where the said Complainants live, and noe p(er)son, save those thereafter named, had any messuages or right of comon there.
And the complainants findeing the said landes uninclosed were disadvantegeous to them, they the tennantes and Inhabitants suffering losses by reason of the scarcity of Inclosure, wanting meanes to secure their cattle and releive them in the winter season & suffering casuall losses in their stock goeing on the comons belonging to Waddingham aforesaid. The Complainants, in their names, and all the freeholders of Waddingham and James Thompson gentleman, lord of the said mannor, did by certaine Articles bearing date the sixteenth of January one thousand six hundred ninety and nine, covenant and agree for themselves, their heirs and assignes, that the Rector of Waddingham and his successors should be fully satisfied for the tith of the lordship of Waddingham, either by land the Tenth Acre, or by an addition of thirty pounds p[er] annum to whitt the value then was or could be agreed upon by the said mr James Thompson gentleman lord of the mannor.
And the quality and quantity of every man’s arable landes, leayes and headinges, lyeing in the said fields of Waddingham should be laid together in one or more convenient plotte or plottes to be held and enjoyed in severall Dividends with hedges and ditches or other sufficient fences, and that all convenient wayes should be laid out for all plottes to have A Free Accesse to their grounds and that the fences, which every one should make and maintaine as belonging to their groundes, should be likewise sett out by five commissioners therein and hereinafter mentioned.
And that the quantity of twenty acres of the Comons of Waddingham should be sett out and fenced at the said freeholders charge and be lett to depasture by the then present Overseers and Church wardens, for the yeare being, and the money ariseing distributed amongst the poor of the said Towne by the Ministers, Church wardens and Overseers, yearly for ever and the remaining part of Comon in Waddingham goe amongst the Freeholders and that every three cottagers have the same quantity of the said comon with a plowland to be sett out and fenced in severalty for ever.
And all the freehold cottagers should have liberty of cutting of Turf in the little Carr to be sett out for them, whilst there was any there, and if any disputes should arise, such matter to be determined by the said five commissioners, or any three of them, and that the said Improvement might be made.
The said partyes did further agree for themselves their heirs and assignes that at a meeting to be had of the said parties, notice thereof should in convenient time be first given to all the freeholders, or their tenants, and then the major part of them should nominate five persons of good quality who should allott every mans quantity of land, as well in the said comons as fields leayes and meadows. What fences should be made to every of the plots, and should allsoe sett out the private wayes, Comon lanes and droves for all persons conveniencyes. How the same were to be repaired and that the said parties should agree with some indifferent surveyors to measure all the feildes and Comons and to plott every man his equall share and to be allotting to the fenceing the said work and further agrees that the major parte of them should charge all leavyes and assessments to the king, Church and poor, according to the vallue of every mans estate, vallued by the Commisssioners, at the beginning of the said inclosure, and according to that proportion to be assessed for ever. And allsoe to raise such sumes of money as should pay the surveyors the charge of a Decree, and defray other incident charges and the said parties were to pay the lottes as to be assessed. And the generall Inclosure was to be confirmed by A Decree in Chancery.
And the complainants further shewed that, by certaine other articles, the fifteenth day of May one thousand seven hundred, itt was agreed between Thomas Harvey, rector of Waddingham, James Thompson, the lord of the said mannor and freeholders therof, the said Harvey should receive in behalfe of all tythes, save the Easter offerings surplice fees and mortuaryes, ninety four pounds p[er] annum to be paid quarterly, the first payment to be made at midsumer one thousand seven hundred, or within forty dayes after. Which would amount to three & twenty pounds tenn shillings, which should be settled and secured by Decree according to the proportion of each freeholders estatte and their, the tyth hay of the carrs, should be paid to the aforesaid freeholders, in consideration of the ninety four pounds p[er] annum. And the rector of Waddingham to have the gleab in the carrs, payinge his proportion toward the draineing and dressing therof. And that the said James Thompson with the other freeholders should keep for ever, all the out fences belonging to the whole Gleab, the Carrs excepted, at their owne charge, and to be compleated by lady day, then next, or within fourteen dayes after, and were to have for Incloseing of the Gleab fifteen Acres of land out of the comon pasture, with the common, the feild belonging to the farmes of gleab landes and was more in the said comon pasture was to be laid to the gleab when Plotted. And the cottagers and poore of the towne of Waddingham were to be well in provided for. And the said Thomas Harvey or his successors should be freed of the expense of the Decree and payeing any suit or defence to the Court of Waddingham and twenty acres of land should be set apart, towards the releife of the poore of the said towne, and such other provision should be made for the said poore, as should be thereafter thought fitt.
And the compl[ainan]tes further shew that, pursuant to the said Articles, the compl[ainan]tes, as allsoe mr James Thompson and the partyes therafter named, having retained and agreed with Mr Thomas Chapman of Ingoldsbe to be Surveyor, and haveing nominated Richard Burnett of Lincolne, Edward Leggerd of Grasby, John Bradley of Burton, Thomas Hooley of Kirton in Holland and Edmund Wells of South Kelsey, all in the said county of Lincolne, gentlemen, or the major part of them, to allot and plott every mans quantity of land and where the same should lye. And sett out the private wayes, passages, commons, lanes and droves for the said persons use, to come to their plottes and to sett out fences to the said plottes to be maintained by the owners thereof.
And the said Richard Burnett, Edward Leggerd, John Bradley, Thomas Hooley and Edmund Wells, haveing received Information of each mans quantity from the said Surveyor, and having, in Company of the said lord and severall of the said Freeholders, viewed the said feillds, lands, meadowes and comons and sett values thereof, according to the best of their Judgments, and having a due regard to each mans quantity and quality did alott & plott all the said feilds and comons by a certaine writeing, under their hand, dated the fourteenth day of November, one thousand seven hundred.
And first they allotted to and for Thomas Harvey the Rector of Waddingham aforesaid for gleab one plott to containe sixty eight acres one rood and tenn perches to lye in the east feild between lands hereinafter to be plotted for Joseph Anderton on the north and for Robert Parrott on the south and to abutt on the Towne on the West and comon ground to be plotted for Charles Adams John Robinson and Robert Hannah on the east, and do order that a way lye through the said plott from Church lane end by Lordship close side into lands to be plotted for Robert Parrott for the said Robert Parrott to goe into that plott, for John Robinson to goe into his Ingcrofts late Mr Bainton, for James Thompson gen to goe to new close, for James Smith to goe into his plott in Wiberdikes and for Mr Anderton to goe to his Ingcrofts, that a foot way lye downe the said plott to lands to be plotted in the great common.
And to for the poore of the towne of Waddingham aforesaid one plott of certaine twenty acres to lye in the Great comon between Redburne lordship on the North and the next herein to be plotted plott on the south and to abutt on Thack Carr closes on the east and Denton Middlebrookes Holme Carr closes on the West.
And to and for James Thompson gentleman one plott to certaine five and thirty acres to lye in the said Great comon between the last theerin plotted plott on the North and the next herein to be plotted plott on the south and to abutt on Thack Carr closes on the east and the Holme Carr closes on the West and did order that the said James Thompson should
fence the North side and west end of the said plott and that a way lye over the said plott to the last plotted plott at the west end thereof and a way be downe the said plott to the Thack Carr closes lyeing to the east end thereof.
And to and for John Lacy one plott to containe twenty acres and thirteen perches to lye in the said mear comon between the last
herein plotted on the north and the next herein to be plotted plott on the south and to abutt on Thack Carr closes on the east and field lands hereinafter to be plotted for James Thompson gen on the west And did order that the said John Lacy should fence the north side and west end of the said plott and that a way lye over the said plott at the west end therof to the last two plotted plotts and that a way lye downe the said plott to the Thack carr closes which lye in the east end thereof.
And to and for William Fox one plott to containe twenty six acres two roods and six perches to lye in the said comon between the herein last plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Thack carr closes on the east and on feild lands hereinafter to be plotted for James Thompson gen on the west. And did order that the said William Fox fence the north side and west end of the said plott and that a way doe lye over the west end of the said plott to the three last plottes plotted and a way downe the said plott to the Thack
carr closes lyeing at the east end thereof.
And to and for Robert Barnard one plott to containe sixteen acres two roods and twenty perches to lye in the said comon between the herein last plotted plott on the north and the next herein to be plotted plott on the south and to abut on Thack carr closes on the east and feild lands hereinafter to be plotted for the Deane and Chapter of Lincolne on the west. And did order that the said Robert Barnard should fence the north side and west end of the said plott and that a way doe lye over the west end of the said plott to the for last plotted plotts and that a way lye downe the said plott to the Thack Carr closes lyeing at the east thereof.
And to and for Isabel Atkinson one plott to containe thirteen acres one rood and three perches to lye in the said comon between the last herein plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Thack Carr closes on the east and feild lands hereinafter to be plotted for the Deane and Chapter of Lincolne on the west And did order that the said Isabell Atkinson should fence the north side and west end of the said plott and that a way doe lye over the west end of the said plott to the five last plotted plotts. And that a way doe lye downe the said plott to the Thack Carr closes lyeing at the east end therof.
And to and for John Barnard one plott to containe thirteen acres three roods and twenty perches to lye in the said comon between the last herein plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Thack Carr closes on the east and feild lands hereinafter to be plotted for the said Deane and Chapter of Lincoln and Joseph Anderton on the West. And did order that the said John Barnard should fence the north side and west end of the said plott. And that a way lye to the north over the west end of the said plott to the six last herein plotted plotts and allsoe that a way lye to the south at the west end therof to the five next herein to be plotted plotts and to Munson Close and North carr meadowes and allsoe that a way lye downe the said plott to the Thack Carr closes lyeing at the east end thereof.
And to and for Matthew Hannah one plott to containe thirteen acres one rood and three perches to lye in the said comon between the last
herein plotted plott on the north and the next to be plotted plott on the south and to abutt on Thack Carr closes on the east and feild lands hereinafter to be plotted for Joseph Anderton on the west. And did order that the said Matthew Hannah should fence the north side and west end of the said plott. And that a way lye over the said plott to the four next herein to be plotted plotts to Munson close and to north carr meadowes and that a way lye downe the said plott to the Thack carr closes at the east end thereof.
And to and for Elianor Adams one plott to containe fourteen acres one rood and thirteen perches to lye in the said comon between the last herein plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Thack carr closes on the east and feild lands herein before plotted for gleab on the west and did order that the said Elianor Adams should fence the north side and west end of the said plott. And that a way lye over the said plott to the three next herein to be plotted plotts to Munson Close and to north carr meadowes and that a way lye over the said plott to the Thack carr closes at the east end thereof.
And to and for John Robinson one plott to containe seven acres three roods and seven perches to lye in the said comon between the last herein plotted plott on the north and the next herein plotted plott on the south and to abutt on Thack carr closes on the east and feild lands herein before plotted for gleab on the west. And did order that the said John Robinson should fence the north side and west end of the said plott and that a way lye over the said plott to the two next herein to be plotted plotts to Munson close and to North carr meadowes and that a way lye down the said plott to the Thack carr closes lyeing at the east end thereof.
And to and for Robert Hannah one plott to containe thirty two acres and six perches to lye in the said comon between the last herein plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Munson close on the east and feild lands herein before plotted
for gleab and hereinafter to be plotted for Robert Parrott on the west. And did order that the said Robert Hannah should fence the north side and west end of the said plott. And that a way lye over the said plott to the next herein to be plotted plott to Munson close and North carr meadows.
And to and for the said James Thompson gent one plott to containe forty two acres one rood and thirty four perches to lye in the said comon called Wyberdikes between the last plotted plott and feild lands hereinafter to be plotted for Robert Parrott on the north and Snitterby Comon and fit carr comon on the south and to abutt on the next to be plotted plott on the west and Munson close on the east. And did order that the said James Thompson should fence the south side thereof and the north side against the last herein plotted plott and the east end of the
said plott. And that a way lye through the said plott from the last plotted plott to Munson close and to north carr meadows.
And for the towne of Waddingham aforesaid to remaine comon one plott to containe twenty acres one rood thirty one perches to lye between the last plotted plott on the west and north carr meadowes on the east, Munson close lyeing on the north, Snitterby comon on the south side thereof.
And to and for James Smith one plott to containe six acres one rood and three perches to lye in the said comon called Wyberdikes, between lands hereinbefore plotted for James Thompson gen on the east and new close on the west feild lands, herein to be plotted for Robert Parrott lyeing on the north and Fit carr comon lyeing on the south side therof. And did order that the said James Smith should fence the east side and south end of the said plott.
And to and for Thomas Berridge one plott to containe six acres three roods and eighteen perches to lye [word missing] Fit carr comon between lands hereinbefore plotted for James Thompson gen in Wyberdikes on the north and Snitterby Comon on the south, and to abutt on Snitterby Comon on the east and the next herein to be plotted plott on the west. And did order that the said Thomas Berridge should fence the south side and east end of the said plott.
And to and for Robert Harrison one plott to contain four acres two roods and tenn perches to lye in the said comon between the east herein plotted plott on the east and the next herein to be plotted plott on the west and to abutt on Snitterby Comon on the south and lands herein before plotted for James Smith and New close on the north. And did order that the said Robert Harrison should fence the east side and south end of the said plott.
And to and for William Burrell one plott to containe four acres one rood and twenty eight perches to lye in the said comon between the last herein plotted plott on the east and the next herein to be plotted plott on the west and to abutt on New Close on the north & Snitterby comon on the south. And did order that the said William Burrell should fence the east side and south end of the said plott.
And to and for William Overdale one plott to containe eight acres three roods and sixteen perches to lye in the said comon between the last herein before plotted plott on the east and the next herein after to be plotted plott on the west and to abutt on feild lands herein after to be plotted for Robert Parrott on the north and Snitterby comon on the south. And did order that the said William Overdale should fence the east side & south end of the said plott.
And to and for Mary Atkinson one plott to containe six acres and
three roods to lye in the same comon between the last herein before plotted plott on the east and the next herein to be plotted plott on the
west and to abutt on feild lands hereinafter to be plotted for Robert Parrott on the north and Snitterby Comon and Moor cawsey on the south
and did order that the said Mary Atkinson should fence the east side and south end of the said plott by Snitterby Comon and Moor cawsey side.
And to and for Robert Parrott one plott to containe thirteen acres one rood and five and twenty perches to lye in the moor comon between the moor cawsey on the south west and feild lands hereinafter to be plotted for the said Robert Parrott and Ingcrofts on the north east and to abutt on the next herein to be plotted plott on the north west and the next herein before plotted plott on the south east. And did order that the said Robert Parrott should fence the south west side of the said plott next the morr cawsey and south east side of the said plott.
And to and for Joseph Anderton one plott to containe nine acres and four perches to lye in the said comon between moor cawsey on the south west and Ingcrofts on the north east & to abutt on the last herein before plotted plott on the south east and the next herein to be plotted plott on the north west. And did order that the said Joseph Anderton should fence the south west side next moor cawsey and both ends of the said plott.
And to and for William Brumby one plott to containe four acres one rood and eight and twenty perches to lye in the said comon between Moor cawsey on the west and old Ingcrofts belonging to the south parsonage on the east and to abutt on the towne on the north and the last herein plotted plott on the south. And did order that the said William Brumby should fence the west side and north end of the said plott.
And to and for Denton Middlebrook, one plott to containe forty three acres three roods and thirty eight perches to lye in that feild called Between Townes and on the moor common between the towne on the north and the next herein to be plotted plott on the south and to abutt on moor cawsey on the east Snitterby gate on the west. And did order that the said Denton Middlebrook should fence the south side and both ends of the said plott.
And to and for John Bainton gen, one plott to containe fifty two acres and eleven perches to lye in the said feild and comon between the herein before last plotted plott on the north and the next herein to be plotted plott on the south and to abutt on Moor Cawsey on the east and Snitterby gate on the west. And did order that the said John Bainton should fence the south side and both ends of the said plott.
And to and for Mrs Hannah Smith, one plott to containe one and thirty acres one rood and nine p[er]ches, to lye in the said feild and comon between the last hereinbefore plotted plott on the north, and the next herein to be plotted plott and lands hereinafter for be plotted for John Maudson gentleman on the south and to abutt on Moor Cawsey on the east and Snitterbygate on the west. And did order that the said Mrs Smith should fence the south side of the said plott on the moor, next the
next herein to be plotted plott, and the east halfe of the south side of the said plott, in the feild against the next to be plotted plott in the field, and both ends of the said plott.
And to and for the said James Thompson gentleman, one plott to containe seven and twenty acres to lye in the Moor comon between the herein last before plotted plott on the north and Snitterby Comon on the south and to abutt on moor cawsey on the east and Moor hedge on the west. And did order that the said James Thompson should fence the south side and the east end of the said plott.
And to and for John Maudson gentleman, one plott to containe thirty eight acres and thirteen perches to lye in the said field, between lands herein before plotted for Mrs Smith on the north, and Snitterby lordship on the south, and to abutt on Moor hedge on the east and Snitterby gate on the west. And did order that the said John Maudson should fence on the south side the said plott next Snitterby Comon, and the west halfe of the north side and both ends of the said plott.
And to and for George Johnson one plott to containe sixteen acres one rood and six perches to lye in the said feild and the south cliffe between Snitterby lordship on the south and the herein next to be plotted
plott on the north and to abutt on Snitterby gate on the east and lands hereinafter to be plotted for John Dawber on the west and did order that the said George Johnson should fence the south side next Snitterby feild and both ends of the said plott.
And to and for Clement Meggison, one plott to containe twenty seven acres three roods and one perch to lye in the said feild and cliffe,
between the last herein plotted plott on the south and the next herein to be plotted plott on the north, and to abutt on Snitterby gate on the east and lands hereinafter to be plotted for John Dawber on the west. And did order that the said Clement Meggison should fence the south side and both ends of the said plott.
And to and for Robert Lacy, one plott to containe one and fifty acres and seven perches, to lye in the said feild and cliffe, between the last hereinbefore plott on the south and the towne side closes and Acre dike hedge on the north and to abutt on Snitterby gate on the east and the next herein to be plotted plott on the west. And did order that the said
Robert Lacy should fence the south side the east end and two thirds of the west end to be the south part of the said plott, and that a road way goe through his plott, by Acre dike hedge side, to all other the plotts herein after to be plotted in the said cliffe and Oldstreet.
And to & for Robert Parrott, one plott to containe forty nine acres one rood and twenty seven perches, to lye in the south cliffe between Acre dike hedge on the north, and lands hereinafter to be plotted for John Dawber and the Deane and Chapter of Lincolne on the south, and to abutt on the last herein before plotted plott on the east, and lands hereinafter to be plotted for William Burnett gen and Joseph Anderton on the west. And did order that the said Robert Parrott should fence the west end and one third part of the east end to be the north part of the said plott, and that a road way doe lye through this plott by Acre dike hedge side to the Oldstreet and alsoe that wayes lye through this plott to the plotts herein after to be plotted for John Dawber and the Deane and Chapter of Lincolne, abutting upon this plott.
And to and for John Dawber, one plott to containe sixteen Acres and five and thirty perches to lye In the said cliffe between lands herein before plotted for George Johnson and Clement Meggison on the east and the next herein to be plotted plott on the west and to abutt on the last herein plotted plott on the north and Snitterby feild on the south. And did order that the said John Dawber should fence the west side and both ends of the said p[lot]t.
And to and for the Deane and Chapter of Lincolne, one plott to containe thirteen acres, two roods and thirty eight perches to lye in the said Cliffe, between the last herein plotted plott on the east and the
next herein to be plotted plott on the west and, to abutt on Snitterby feild on the south, and lands hereinbefore plotted for Robert Parrott on the north. And did order that the said Deane and Chapter should fence the west side and both ends of the said plott.
And to and for John Maudson gen, one plott to containe twenty acres, one rood and eight and twenty perches to lye in the said cliffe between Snitterby Feild on the south and the next herein to be plotted plott on the north, and to abutt on the last herein plotted plott on the east, and lands herein after to be plotted for John Bainton gen on the west. And did order that the said John Maudson should fence the south side, the west end and halfe the north side the east part of the said plott.
And to and for Joseph Anderton one plott to containe one and thirty acres, one rood and tenn perches, to lye in the said Cliffe between the last herein plotted plott on the south, and the next herein to be plotted plott on the north, and to abutt on lands hereinbefore plotted for Robert Parrott on the east and lands hereinafter to be plotted for John Bainton gen on the west. And did order that the said Joseph Anderton should fence halfe the south side, the west part, the west end and halfe the north side of the said plott, the Westermor part and that a way lyeover this plott to the last herein plotted plott.
And to and for William Burnett gen, one plott to containe twelve acres and twelve perches to lye in the said Cliffe between the last herein plotted plott on the south and Acre dike hedge on the north, and to abutt on lands herein before plotted for Robert Parrott on the east and the next herein to be plotted plott on the west. And did order that the said William Burnett should fence the north side, the west end and halfe the south side the eastermost part of the said plott. And that a road way lye through this plott by Acre dike hedge to the plott lyeing on the west of the said plott and to Oldstreet & alsoe that a way lye over this plott to the last two plotts herein plotted for Joseph Anderton and Mr Maudson.
And to and for Mrs Hannah Smith, one plotte to containe two and thirty acres, to lye in the said Cliffe between the last three plotted plotts on the east and the next plotted plott on the west and to abutt on Snitterby lordship south and Acre dike hedge north. And did order the said Mrs Smith should fence the west side south end and fifteen roods of the north side of the said plott, east part.
And to and for John Bainton gen, one plott to containe forty seven acres, five roods and [blank] perches to lye in the said Cliffe, between Snitterby lordship on the south and lands hereinafter to be plotted for James Thompson gen and James Cressey on the North, and to abutt on the three herein last plotted plotts on the east, and the Oldstreet on the west, and did order that the said John Bainton should fence the south side, next Snitterby, the west end, next Oldstreet and the north side, from Abbott Wath to the north west corner of the plott next herein to be plotted for James Cressey, And that a road way lye though this plott to Oldstreet.
And to and for James Cressey, one plott to containe four and twenty acres two roods & one and thirty perches to lye part on the Cliffe and part on north Cliffe, between the last plotted plott on the south and west, & the next to be plotted plott on the north, and on the east. And did order that the said James Cressey should fence the south side, the west end and the west halfe of the north side of the said plott, and that the towne of Waddingham have liberty to digg stones in this plott for the repaire of their high wayes for ever, and that the poor people of the said towne have liberty to come to the hemp dikes in the said plott to rett their hemp therein for ever, there being two acres of land alloked in this plott more than the abovesaid measure, in liew of the said priviledges granted to the said towne.
And to and for James Thompson gen, one plott to containe seven hundred and ten acres, three roods and four perches to lye on the North Cliffe, long and short holmes, Old Inhams, Kirk Acre and low field, between the South Cliffe and the towne on the south, Redburne lordship on the north, Acre Dike hedge on the east and Oldstreet and lands hereinafter plotted for James Cressey on the west. And did order that the said James Thompson should fence the north side of the said plott, from little carr corner by Redburne field, to Maud Crosse on the west side, from Maud Crosse to Abbott Wath and on the west, next to the east plotted plott for James Cressey, and on the south from the south east corner of James Cresseys plott, to within fifteen roods of the north west corner of Mr Burnetts plott, and on the south, halfe the fence against James Cresseys plott, the east part and on the south, on Acre Dike hedge, from the towne end close, to the north west corner of a plott, hereinbefore plotted for Robert Parrott, and on the east, on north Acre Dike hedge, against a plott herein to be plotted for the said James Thompson, and the east side of the next plott herein to be plotted for the Deane and Chapter of Lincolne, except such roods allotted, thereto fenced by the said Deane and Chapter.
And to and for the Deane and Chapter of Lincolne, one plott to containe nine acres, to lye in the low feild between part of the last plotted plott on the east, and Reburne gate on the west, and to abutt on the last herein plotted plott on the north and the towne on the south. And did order that the said Deane and Chapter should fence the west Side and north end and near six roods at the north end of the east side of the said plott.
And to and for James Thompson gen, one plott to containe five and forty acres, one rood and seven and thirty perches, to lye in the east feild between Acre dike hedge on the west, and lands hereinafter to be plotted for the Deane and Chapter of Lincolne, and John Dawber on the east, and abutting on the next herein to be plotted plott on the north, and the north Parsonage Close and lands herein after to be plotted for Joseph Anderton on the south. And did order that the said James Thompson should fence on the south side his said plott, from north parsonage close, north east corner, to the west side of a plott hereinafter to be plotted for the Deane and Chapter of Lincolne, and that a way lye through this close by the east side thereof, into the plotts hereinafter to be plotted for James Cressey, John Dawber, William Burnett gen, and to Ry Close.
And to & for James Cressey, one plott to containe eight and thirty acres, three roods and seven and thirty perches, to lye in the said field, and part of the pasture between Acre dike hedge on the west, and lands hereinafter to be plotted for William Burnett gen, James Thompson gen, and Ry Close on the east, and to abutt on Redburne lordship on the north, and the last hereinbefore plotted plott on the south. And did order that the said James Cressey should fence the west side and south end of his said plott, and that a way lye through this close to Ry Close.
And to and for James Thompson gen, one plott to containe ninety three acres two roods and nineteen perches to lye in the ox pasture holms carr holme, carr comon, holme carr closes and part of the east feild between Redburne lordship, and the next herein to be plotted plott on the north, and Ry close and lands hereinafter to be plotted for the Deane and Chapter of Lincolne on the south, lands hereinbefore plotted for James Cressey, Ry close and lands hereinafter to be plotted for William Burnett gen, John Dawber and the Deane and Chapter of Lincolne lyeing on the west, and the next herein to be plotted plott, and the great comon lyeing on the east side thereof. And did order that the said James Thompson
should fence the west side and south end of the said plott.
And to and for Denton Middlebrooke, one plott to containe seven acres and nine perches, to lye in holme carr closes, betweene the lordship of Redburne on the north, and the last herein plotted plott on the south, and to abutt on the great comon on the east, and the herein last before plotted plott on the west. And did order that the said Denton Middlebrooke should fence the south side and both ends of the said plott.
And to and for William Burnett gen, one plott to containe one and twenty acres, two roods and five and twenty perches to lye in the east field, between Ry close on the north, and the next herein to be plotted plott on the south, and to abutt on holme carrs on the east and lands herein before plotted for James Cressey on the west. And did order that the said William Burnett should fence the west end and south side of the said plott, downe to the west side of holm carr common, and the north side from Ry close corner, to holme cars and that the said James Thompson have liberty to cart hay over this plott, which comes from the carrs, to goe to the close.
And to and for John Dawber, one plott to containe eighteen acres and one and thirty perches, to lye in the said feild between the last herein plotted plott on the north, and the next to be herein plotted plott on the south, and to abutt on holme carrs on the east, and lands hereinbefore plotted for James Thompson gen on the west. And did order that the said John Dawber should fence the west end and south side of the said plott, and the north side, the breadth of holme carr common, and that James Thompson gen, have liberty to cart hay over that plott which comes from the carrs to go to Ry close.
And to and for the Deane and Chapter of Lincolne, one plott to containe fifty four acres, three roods and seven perches to lye in the said feild between the herein last plotted plott on the north, and the next herein to be plotted plott on the south, and to abutt on holme carrs and on the great comon on the east, and on lands hereinbefore plotted for James Thompson gen on the west. And did order that the said Deane and Chapter should fence the west end and south side of the said plott and that a way lye through this plott to come into it from the next to be plotted plott neare the middle thereof, and doe to goe to the plotts hereinbefore plotted, to lye in the great common, and to the north carr meadows. And did allsoe order that Joseph Anderton should have free liberty, at all time, to dig and damm in this plott, for conveying the water from Monks House spring into the next herein to be plotted plott, for the watering thereof, and that James Thompson have a foot way over the said plott to his holme carr closes, and allsoe liberty to cart hay over that plott, which comes from the carrs, to goe to Ry close.
And to and for Joseph Anderton, one plott to containe forty seven acres, two roods and five perches to lye in the said field, between the last herein plotted plott on the north, and lands hereinbefore plotted for Thomas Harvey clerk, for gleab, on the south, and to abutt on the great comon on the east and north parsonage close on the west. And did order that the said Joseph Anderton should fence the south side of this plott, and west from Clay land end to the north side of this plott, to a drove at the west end thereof, and that a way lye by the north side of the said plott neare halfe way therof, and there to goe into the east plotted plotts, and soe to the plotts plotted, to lye in the great common, north carr meadows. And that James Thompson gen, have a foot way over this plott to goe to holme carr closes.
And to and for Robert Parrott, one plott to containe seventy acres, one rood and one and twenty perches to lye in the said field, between lands herein before plotted for Thomas Harvey clerk, for gleab, on the north and Wyberdikes common, new close, Fits carr comon and Ingcrofts on the south, and to abutt on the great comon on the east and the towne on the west. And did order that the said Robert Parrott should fence the north side of the said plott and the south side next Wiberdikes, and from New close, to the east side of his owne plott in the moor, and a way lye over at the west end of this plott, to goe to the next hereinto be plotted called Ingcrofts, and alsoe to goe over this plott to New Close and to the plott, hereinbefore plotted for James Smith, Wyberdike.
And to and for Joseph Anderton, one plott called Ingcrofts to containe four acres and two roods, to lye in the said feild between the south parsonage close on the west, and the next herein to be plotted plott on the east, abutting on the lands of James Thompson gen, on the north and the moor comon on the south. And did order that the said Joseph Anderton should fence the east side, and south end of the said plott.
And to and for John Robinson, one plott called Ingcrofts to containe six acres and thirty six perches to lye in the said field, between the last herein plotted plott on the west and the next herein to be plotted plott on the east, abutting upon feild lands hereinbefore plotted for Robert Parrott on the north, and the moor on the south. And did order that the said John Robinson should fence the east side and both ends of the said plott.
And to and for Robert Parrott, one plott called Ingcrofts to containe eight acres and eight perches, to lye in the same feild between the last herein plotted plott on the west, and feild lands hereinbefore plotted for the said Robert Parrott on the north and on the east, and the moor on the south. And ordered that the said Robert Parrott should fence the north east and south sides of the said plott. And they further ordered and agreed that all thornes and willowes then growing in the Acre Dike hedges and open closes, be left growing for the use and benefit of the persons to whom they were plotted, and that all p[er]sons have liberty to take their Ashes and Elmes from the other hedges till Candlemas then next following. And that a foot way lye from Snitterby to Waddingham over the plotts herein before plotted for John Maudson gt, Mrs Hannah Smith, John Bainton gen, and Denton Middlebrooke, to come into the street at Waddingham, by Denton Middlebrookes house corner. And lastly that the Drove way between Watermill close and long hedge and soe up to towne, should remaine comon for ever, for the poor to Aerth [sic] their cloth there, or any other use whatsoever, as by the said Articles might more fully appeare.
And the compl[ainan]tes further shewed that persueant to the said further artices of the fifteenth day of may last, itt was agreed and set out that the aforesaid lord and freeholders be yearely charged for their severall estates in Waddingham aforesaid, towards raiseing the said ninety four pounds to be paid quarterly to the said rectors of Waddingham, according to the intent of the said articles, and should pay there severall sumes, following vizt James Thompson gen, forty seven pounds & tenn pence halfe penny, Robert Parrott, six pound one shilling and five pence farthing, Joseph Anderton, three pounds fifteen shillings and seven pence three farthings, John Bainton gen, three pounds seventeen shillings and eleven pence, George Johnson, sixteen shillings and a penny half penny, Mrs Hannah Smith, two pounds eighteen shillings and eight pence halfe penny, James Smith, tenn shillings and five pence three farthings, John Dawber, one pound seven shillings & a penny, Clement Meggison, one pound six shillings and eleven pence halfe penney, Denton Middlebrooke, three pounds six shillings and tenn pence farthing, James Cressey, two pound one shilling and eight pence, Mr Maudson, two pound fifteen shillings and a penny, Deane and Chapter of Lincoln, three pound seven shillings and a penny halfe penny, John Lacy, twelve shillings and six pence farthing, Robert Barnard, eleven shillings, Robert Hannah, one pound seven shillings and three pence, Robert Lacy, two pound eleven shillings and six pence farthing, Mary Atkinson,tenn shillings and eleven pence farthing, John Robinson, twelve shillings and eleven pence halfe penny, Thomas Berridge, thirteen shillings and eight pence halfe penny, Elianor Adams, nine shillings and six pence three farthings, John Barnard, nine shillings and two pence, William Burnett gen, one pound three shillings and six pence, Robert Harrison, nine shillings and a penny, William Fox, seventeen shillings and a penny, William Overdale, eighteen shillings and three pence, William Burrell, twelve shillings and three pence three farthings, Matthew Hannah, nine shillings and four pence, William Brumby tenn shillings and nine pence, Isabell Atkinson, eight shillings and seven pence halfe penny, William Munson esquire, for Decreed lands in the carrs, formerly belonging to the p[ars]sonage, six shillings and a penny three farthings, Sir George Southcote, one shilling, the lord of Castleton, two shillings and a farthing, Sir Thomas Styles, three shillings and six pence, Sir Phillip Constable, nine pence, Mr Young, two shillings and three pence halfe penny, Mr Caister, five shillings and eight pence three farthings, Robert Cooper, four pence halfe penny, Martin Joyes, three pence, Robert Camm, eight pence halfe penny, the heirs of John Lyne, an halfe penny, the Bank masters of Waddingham aforesaid, three pence, William Cooke a penny, widdow Chipsley, a penny, The Towne of Waddingham aforesaid, six pence, Mr Nunwick, one pence, Constable Meadow, one shilling and two pence halfe penny, and Thomas Parker one pence halfe penny
And it was further agreed by the said lord and freeholders, that if any of the persons before mentioned, their heirs and assignes, should at any time refuse or neglect to pay the said Thomas Harvey, or his successors, the said sumes hereinbefore charged quarterly, as the same grow on or within forty dayes after that, then it might be lawfull for the said Thomas Harvey, or his successors, to enter upon the lands and dishaine for all tythes and arreares then due, and the said distresse, to impound and keep three dayes at the owners charge, and if the said owner did not pay the said tyth within the said three dayes, then the said distresse to be appraised by two or more indifferent appraisers and then to be sold by the said Thomas Harvey or his successors rending back the overplus, if any be, to the owners thereof.
And whereas the severall carr meadows, formerly decreed to Sir John Munson bart, and other the participant Drainers of the said levvell, were then most of them in the occupation of the lord & freeholders, their tennants and assignes, and were before rated as part of their estates and tythes for the same were before charges upon the severall estates of the said lord and freeholders, It was agreed that if it should, at any time, thereafter happen that the said decreed estates should be taken from the said lord and freeholders and be in the occupation of any others, that then the said lord and freeholders should receive all tythes in kind, which might grow due for their respective lands, soe to be taken from them, they paying tithes for the same in money, to the rectors of Waddingham aforesaid, as before sett forth.
And whereto William Munson esquire, Sir George Southcote, the lord Castleton, Sir Thomas Styles, Sir Phillip Constable, Mr Young, Mr Caister, Robert Cooper, Martin Joyes, Robert Camm, the heirs of John Lyne, the bankmasters, William Cooke, widdow Chipsley, the Towne, Mr Nunwick, Constable Meadows, Thomas Parker were before charged to pay the sumes before rated for tith of their severall estates lyeing in the said carr meadowes amounting to one pound six shillings and five pence three farthings, the said persons being noe [faded] to either of the before rented articles, it was agreed that if the occupiers of the said carr meadowes should neglect or fail to pay their said severall proportions to the said rectors of Waddingham, that the said lord and free holders should pay yearely the said sume of one pound, six shillings, five pence three farthings to the said rectors for the yearely tith of the said carr meadows, and that the said lord and freeholders should have liberty to receive the tith in kind for the carr meadows.
In testimony of which agreement to all the before mentioned allottment ,orders and agreements Edward Leggerd, John Bradley & Edmund Wells sett their hands, the fourteenth day of November, one thousand seven hundred, as by the said agreem[en]t might more at large appeare.
And the complts further shewed that they, the said lord and other the freeholders of Waddingham, afterwards found some mistakes in the said plottment & agreed to alter the same; vizt that the said James Thompson and his heires should have noe way through John Dawbers and William Burnetts plottes in the east feild from his carrs to the Ry Close, but that the way should lye, above the same, through James Cresseys plotts for
carriages and cattle, and that a foot way lye over the said James Cresseys plott from Mr Thompsons field, west of the East acre dike, to his said Ry Close. And that the said Mr Thompson and his heires should fence said part of the said poors land, as adjoynes to his plottments. And with these alterations, as partyes approved, of the said allotments, and proceeded to fence and digg the same and were willing to pay the rector and performe the said agreements in every respect.
But the said William Burnett jun., Hannah Smith widow, William Brumby, Robert Hannah, Mary Atkinson, Henry Waterland & the Deane and chapter of Lincoln, all freeholders of Waddingham. And James Thompson the lord, Thomas Harvey, The Right Reverend father in God, James, lord Bishop of Lincoln and his Majestys Attorney Generall, combineing together, they the said Freeholders pretended they never executed the said articles, and could not be bound thereby, noe conveyance being executed to each party, according to the said agreement thoughby the poss[ess[ion is changed and given up to each other and inclosed as p[er] allotment. And the said Harvey pretended he could not performe the said aggreements or execute any conveyances without the consent of the Ordinary the said Lord Bishop, and without the consent of his Majestys Attorney Generall as patron the said liveing being in the kings gift and that he & his successors could not be secured their ninety four pounds p[er] annu[m] and enjoy the said gleab inclosed, without Decree of this court.
Therefore that the said lord and rector might joyne with the compl[ainan]ts in executing conveyances, and the other Freeholders the Def[endan]ts may doe the like, and that the said Bishop and his Majestys Attorney Generall might consent thereto, it being for the benefit of all parties, and for the advance of the revenue of the Church to above thirty pounds p[er] annu[m], and the partyes haveing fenced their allotments and being in quiet possession of the same, and that the same might be satisfied by the Decree of this court, the compl[ainan]ts prayed that your lordships letter might be directed to the said James lord Bishop of Lincolne and pce of subpena against the other Def[endan]ts to answer the premises, which being granted and the Def[endan]ts therwithall served they accordingly appeared & putt in their answers to the said [sub].
And the Def[endan]ts, the Deane and Chapter of Linc[oln], William Burnett jun., Hannah Smith widow, William Brumby, Robert Hannah, Mary Atkinson, Thomas Harvey, Henry Waterland and James Thompson answered and admitted that such articles of Agreement Inclosure and Allottments have been made and such proceedings have been had touching the same & in execution therof as in bill, and beleived the said agreem[en]t, if performed, would be for the gen[er]all good of all parties, the advantage of the Towne & right of the Church being improved neare thirty pounds p[er] annu[m], besides the future advantage of the improvements of the gleab, soe already inclosed, and that they the Def[endan]ts were ready & willing performe the said agreements and that the dividends and allotm[en]ts be confirmed and the Def[endan]ts the lord of the mannour insisted to have saved to him and his heires all rents and services heretofore due, save from the said Rector, according to the intent of the said agreements. And the def[endan]t Waterland said that he was tenant to the Deane and Chapter of Lincoln for the remainder of a certaine terme of one & twenty yeares and well approved of the Inclosure and consented hereto. And the said James Lord Bishop of Lincolne said that be believed that the Compl[ainan]ts and Def[endan]ts were severally seized of such lands and made such agreements & executed such Articles for the inclosure of the lord[shi]pp of Waddingham as in bill & such inclosure made accordingly and are in poss[ess]ion of each others croftes. by virtue of the said articles. which upon inquiry made by the Def[endan]ts was informed was for the advantage of the Rector and successors & therefore, as he was Bishop and Ordinary of the Dyocesse of Lincolne, where the said Rectory was dependant, he submitted to have the said Inclosure confirmed by the decree of this court & hoped that this court would take care that such part of the said agreements which concerned the rectory might be p[er]formed, & that the right of the Church might be preserved.
And the said Sir Thomas Trevor, his majestys Attorney genrall, said that he beleived it might be true that his most sacred Majesty, king William the third & his successors, kings and queens of England, are patrons of the church of Waddingham and it appearing, to the Def[endan]ts by the answer of the lord of the mannour, freeholders and rector as allsoe by the answer of the Bishopp of Lincolne as Ordinary, that such Inclosure was for the benefit of the Church the defendant submitted to have the Inclosure established by the Decree of this Court. And all the Def[endan]ts denyed combination & concluded their said answers with the gen[er]all & adere as by the said bill & answers remaineing as of record, in this hono[ura]ble court, [faded] being thereunto [faded] both & may more fully at [faded] appear and [faded] cause thus standing in court to be heard upon Bill & Answers, the twenty seventh day of February following was appointed for hearing thereof. Which day the said cause, comeing to be heard and debated in the presence of Councell learned on both sides, the substance of the Bill & Def[endan]ts answers appeared to be to the effect before rentes whereupon & upon long debate of the matter & upon heareing what could be alledged on either side,
itt is therefore this present daye,
the seven and twentieth daye of February in the thirteenth yeare of the reign of our Sovereigne lord, William the third, by the Grace of God of England, Scotland, France, Ireland, king, Defender of the faith and in the yeare of our lord one thousand seven hundred by the right hono[ura]ble the Master of the Rolles,
Ordered and Decreed that the said Articles and Agreements be performed by all parties according to the true intent & meaning therof, & the Devision, partition, Inclosure and Allottments, made as aforesaid, be confirmed & established, and that all partyes doe hold & enjoy the same premisses p[ur]suant to the said Agreements Allottments in severallty to them. And be executed accordingly by every of the said partyes under such covenants. compacts and Agreements. as are contained in the said Articles. Agreements & allotments and p[ur]suant thereto in which said severall conveyances soe to be executed. as aforesaid, are to be contained grants and agreements for way leave for each passe & repasse with cattle, goods, carte, carriages & otherwise through one anothers groundes, so sett as aforesaid, as is mentioned in the said allottements and agreements subsequent, and each party is to make, keep, uphold and maintaine such fences as thereon expressed and itt is further ordered and decreed that the said severall lands, allotted, plotted and devided as aforesaid & every of them, is & shall be subject to the paym[en]t of ninety four pounds p[er] annu[m] to the rector and his successors for ever, in such manner & in such p[ro]portion and under such [faded] restrictions, as aforesaid & that due payment therof shall from time to time be compell by the authority of this court and in case the said partyes cannot agree, itt is here referred to Sir Richard Hobson knt one of the masters of this court to settle the said severall mutuall conveyances, which each party is hereby Decreed to execute accordingly.
END
