|
| Barrow Common is up on a hill overlooking the salt marshes, the
North Sea and The Wash. It has two public footpaths across it and two public 30'
wide roads, one unmetalled. It was originally fenced and gated as laid down in the
1755 Act. Just at the moment it is covered in glorious flowering gorse and a number
of wildflowers grow there although the rosebay willowherb is invasive during the summer
months as is the bracken. Varieties of fungi grow everywhere - in, on, around and
under. It has the best blackberrying for miles around! Wildlife abounds
including many birds and overwintering visitors. Woodpeckers, barn owls and even
buzzards can be seen gliding way overhead. There are interesting beetles,
butterflies, moths, stoats and of course, rabbits. It has been managed by the
Parish, the records tell us, for at least 100 years. It is a haven, a place of
beauty where parishioners have taken the air, exercised and played since 1755.
Because of its position with no land between it and the North Pole it is one of those rare
places where, in high summer, the sky never darkens and the setting and rising of the sun
can be seen while standing and looking in the same direction! |
A Translation of the Private Brancaster Inclosure Act of 1755
from the Parish Archives
27th & 28th Geo. II.
Private
An ACT for
Dividing and Inclosing the Common field and Brecks in the Manor and Parish of
Brancaster in the County of Norfolk; and for Extinguishing the Several Rights of
Common and Sheep-walk over the said field and Brecks, and over certain half-year Closes,
and Pieces of Common, in the said Manor and Parish; and for granting another Right of
Common to the Owners of certain Dwelling-houses in the Manor and Parish aforesaid.
Whereas there are
belonging to the Town or Village of Brancaster, in the County of Norfolk, about Two
thousand Three hundred and Fifty Acres of Land, over and besides the Salt and Fresh
Marshes, and the Commons and Wastes of the said Town; Nine hundred and Sixty Acres
of which said Land are commonly called and known by the Name of the Brecks; and One
thousand and Twenty Acres, other Part of the said Land, are commonly called and known by
the Name of the Common Field (great part of which said Brecks and Common Field lies open
and uninclosed); and Two hundred and Ten Acres, other Part of the said Land, are inclosed,
and commonly called the Half-year closes; and about One hundred and Sixty Acres, the
Remainder of the said Land, are inclosed, and used and enjoyed as Whole-year Land:
And Whereas Norborne
Berkeley, of Stoke-Giffard, in the County of Gloucester, Esquire, is Lord of the Manor of
Brancaster aforesaid; and is seised in the perpetual Advowson, Right of Patronage and
Presentation, of, in, and to, the Rectory of the Parish-Church of Brancaster aforesaid;
and also stands seised in Fee, or of some other good Estate of Inheritance, to him and his
Heirs, of and in the said Manor; and also of and in Eight hundred and Fifty Acres, Part of
the said Brecks; and about Four hundred and Thirty Acres, Part of the said Common Field
and Half-year Closes; and the Remainder of the Lands lying in the said Brecks in the
property of Sir Henry Lestrange, of Hunstanton, in the said County of Norfolk, Baronet,
Trustee of the Charity - School of Brancaster aforesaid, and for the Poor of the Almshouse
there; Henry Shute, Clerk, Rector of Brancaster aforesaid, in the Right of his
Church of Brancaster; Robert Thurlow, Master or Keeper of the said Charity-School as
Schoolmaster; Framingham Lake, of Thornham, in the said County of Norfolk, Merchant;
Martin Wetherby, and John Cary, both of King's Lynn, in the said County, Merchants;
Thomas Hendry, of Brancaster aforesaid, Miller; Thomas Willis, of the same Place,
Merchant; William Breman, of Bagthorpe, in the said County, Yeoman;
Frances Thompson, of Wells Next The Sea, in the said County, Widow; John Knapp, her
son, of the same Town, Ropemaker; William Segon, of Brancaster aforesaid, an infant
under the age of Twenty-one Years; William Curtis, of King's Lynn aforesaid,
Mariner; and Stephen Hendry, of Brancaster aforesaid, Mariner; and the
Remainder of the said Common Field and Half-year Closes is also the Property of the said
Sir Henry Lestrange; Henry Shute; Robert Thurlow; Framingham Lake;
Martin Wetherby; John Cary; Thomas Hendry; Thomas
Willis; William Breman; Frances Thompson; John Knapp;
William Segon; William Curtis; and Stephen Hendry;
and of John Carter, Merchant; John Black, Bricklayer;
William Bodham; Margaret Harman; Josiah Green; Elizabeth Hendry,
Widow; Thomas Middleton; and John Barrett; Joseph Warrant, of Ringstead,
in the said County of Norfolk; the Churchwardens of Brancaster aforesaid for the
Time being; and of several other small Owners:
And Whereas the said
Norborne Berkeley is and stands seised of and in a Right of Sheep-walk for One thousand
Sheep, called the East Fold-course, or Weather-ground; and also of and in another Right of
Sheep-walk, or Fold-course, for One thousand Sheep called the West Fold-course, or
Ewe-ground; which Flocks of Sheep are kept and depastured yearly, and every Year, in
separate Bounds, in and over all such Parts of the said Brecks, as are unsown with Corn,
at all Times of the Year; and in and over such Parts of the said Common Field and
Half-year Closes, as are Unsown with Corn, on and from old Michaelmas-day at Noon, till
and upon old Ladyday at Noon, in every Year; in which Flocks of Sheep the said
Martin Wetherby, Thomas Hendry, Thomas Willis, William Breman, Frances Thompson, John
Knapp, and John Care, have, and each them hath, a Right to set a certain limited or
stinted Number of Sheep; not exceeding, in the Whole, One Hundred and Seventeen Sheep, to
be going, fed, and depastured, in the same manner, as the said Flocks, which are also fed
and depastured upon all the Common and Wastes of the said Manor; and they have also
a Right to have among them Nine Acres and Three Roods of their Lands, in the said Brecks,
yearly, in an Husband like manner tathed with the said Flock or flock:
And Whereas the said
Norborne Berkeley, and all the Owners of Estates in Brancaster aforesaid, or their
Tenants, have used to turn their great and commonable Cattle Yearly, and every Year, to be
fed and depastured promiscuously in and upon all such Parts of the said Common Field, as
are unsown with Corn, from and after the end of Harvest, till and upon old Lady-day;
and in and upon all such Parts of the said Brecks, and Half-year Closes, as are
unsown with Corn, upon and from old Michaelmas-day in each Year, till and upon old
Lady-day then next following; in which said Usage of the said Brecks, Common Fields,
and Half-year Closes, the Owners or Occupiers of Houses in the said Town of Brancaster do
claim to join with their great and commonable Cattle:
And Whereas such Usage of
the said Brecks, Common Field, and Half-year Closes, is manifestly prejudicial to all the
said Owners and Occupiers of Lands Lying therein, by preventing any improvement thereof;
and disputes frequently arising between the Proprietors and the Persons claiming
such Right of Common and Sheep-walk, therefore, and for the Considerations herein
after-mentioned, the said Lord of the Manor, and the greatest Part of the other Owners and
Proprietors of Estate in Brancaster aforesaid, are desirous, that the said Brecks and
Common Field may be divided and inclosed, and that Specifick Parts and Shares thereof may
be assigned to each of the proprietors, in proportion to their respective present
Interests therein; and that all the said Lands should be enjoyed by the respective
Owners, in Severalty, exclusive of all the said Rights of Sheep-walk, and Right of Shack
or Common, at all times hereafter; and the said Martin Wetherby, and all the other
Person intitled to a Right to Tath, and Right of Sheep-walk, over the Commons and Wastes
of the said Manor (except the said Thomas Hendry), are willing to release their said
Rights to the said Lord, and his Heirs:
And
Whereas the said Norborne Berkeley is seised, to him and his Heirs, of
and in a certain Piece of uninclosed Land in Brancaster aforesaid, called Barrow-hills,
containing, by Estimation, Sixty-five Acres, be the same more or less, abutting on the
King's Highway, leading from Brancaster Town to Burnham Market, towards the South and
lying next the said Common Field, as well towards the East as North, and next a Close of
the said Norborne Berkeley, Lord of the Manor, called Barrow Close, towards the West, the
South, and East, and North Part of which said Piece of Land, is now Common of Pasture, and
the Remainder is the separate Pasture or Land of the said Lord; and as a
Compensation to the Owners of Dwelling-houses, for their releasing their Claim of Common
or Shack over the said Common Field, Brecks, Half-year closes, the said Lord is willing to
release all his Right of Sheep-walk over all the Common or Salt Marshes lying Westwards
from the Harbour and Stathway; and the said Lord and the Owners of Estates in
Brancaster aforesaid, are also willing that all Right of Common and Sheep-walk over the
said Barrow-hills should be released and extinguished; and that the said Norborne
Berkeley shall grant a Right of Common of Pasture on the said Barrow-hills to all the
Owners of Dwelling-houses in the said Town of Brancaster, and their Heirs, and his, her,
and their Tenants (not occupying in the said Town, or elsewhere, Lands or Tenements of
more than the Value of Five Pound's a year, over and besides such Dwelling-houses), for
Two commonable Cows or Heifers, or for a Mare and Foal, or for Two Horses, to be enjoyed
by the owner of every such Dwelling-house, and his or her Heirs, or his or her Tenant for
the Time being (not occupying more than Five Pounds a year, as aforesaid), at their
Election; with Liberty to cut Furze thereon for their firing, to be burnt in such
Dwelling-houses in every year, for every hereafter, at all Times of the year, at his and
their Will and Pleasure, exclusive of the said Lord, or any other Person or Persons having
any right of Pasture or Feed, or other Right of Common, thereon:
And Whereas the Inclosing
and Dividing of the said Common Field and Brecks, and the Extinguishing of the said
several Rights of Common in and over the same, and in and over the said Half-year Closes,
and Pieces of Common, in the said manor and Parish of Brancaster, and the granting of such
new Right of Common, will be a manifest Advantage to all the several Persons interested in
the Premises, and tend to the Improvement of their respective Estates and Properties in
the said Parish; But, as some of the said Persons
are Trustees, Femes-covert, or infants, cannot be effected without the Authority of
Parliament:
May it therefore please
Your most Excellent MAJESTY,
That it may be Enacted;
And be it Enacted, by
the KING'S most Excellent MAJESTY, by
and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same, That the said Common Field
and Brecks and also the said Four Pieces of Common lying within the said Brecks,
containing, by Estimation, Fourteen Acres, and the said Piece of Land called Barrow-hills,
shall be divided, set out, and allotted, by Nicholas Styleman and Charles Cowper Morley,
Esquires; Robert Glover, Ralph Cauldwell, John Jones, Thomas Howard, Fairborn
Cropley, and Daniel Jones, Gentlemen; William Leeds, John Curtis, John Balders, and
Edmund Senklar, Farmers; Commissioners appointed by this Act, or any Five or more of
them, in the manner, and subject to the Rules, Orders, and Directions, in and by this Act
established and prescribed. |
| And, for the more just and
regular Division and Distribution of the said Common Field and Brecks, Fourteen Acres of
Common, and the said Piece of Land called Barrow-hills, so to be divided, as aforesaid, It
is hereby further Enacted, That, on or before the First Day of May, which
will be in the year of our Lord One thousand Seven hundred and Fifty-six, an exact Survey
and And measurement shall be made and taken of the said Common Field, Brecks, and Pieces
of Common, and of the said Piece of Land called Barrow-hills, by some Person or Persons to
be appointed for that Purpose by the said Commissioners, or any Five or more of them;
and that, within the space of Twelve Calendar Months after such Survey and And
measurement shall be made and taken, the said Common Fields, Brecks, and Fourteen Acres of
Common, and the said Piece of land called Barrow-hills, shall be set out, allotted and
divided, by the said Commissioners, or any Five or more of them, unto and amongst the
several Persons intitled to, and interest in, the same, in proportion to the Number of
Acres, Roods, and Perches, which each person respectively is at present possessed of, or
intitled to, in the said Common Fields, Brecks, and Pieces of Common, and the said piece
of Land called Barrow-hills; but subject, nevertheless, to the Provisions and
Directions herein after contained in that behalf. Provided
always, and it is hereby further enacted and declared, That nothing herein
contained shall extend, or be construed to extend, to authorize the said Commissioners to
give any undue Preference to any of the Parties interested or concerned in the said
intended Inclosure and Division; but that the said commissioners shall have a due
Regard, as well to the Quality, as to the Quantity, of the Lands and Grounds so to be
divided and allotted, as aforesaid, as also to the Situation and Contiguity of the same to
the respective Habitations of the several Parties, to or for whom such Lands and Grounds
shall respectively be assigned and allotted.
And, for preventing all Differences and
Disputes relating to the said Inclosures and Divisions, It is hereby
further Enacted, That, within the space of Three Calendar Months after the
said Commissioners shall have completed the Partitions and Allotments of the said Common
Field, Brecks, Fourteen Acres of Common, and the said Piece of Land called Barrow-hills,
pursuant to the Purpose and Direction of this Act, they the said Commissioners, or any
Five or more of them, shall form and draw up an Award, or Instrument, in Writing, which
shall denote and express the Number, in Statute-measure, of Acres, Roods, and Perches,
contained in the said Common Field, Brecks, and Fourteen Acres of Common, and in the said
piece of Land called Barrow-hills, so intended to be inclosed, and the Quantity of each
and every Part and Parcel thereof, assigned, and allotted to each of the Parties intitled
to, and interested in, the same; and shall also contain a Description of the
Situations, Abuttals, and Boundaries, of the same Parcels and Allotments respectively;
and such Orders and Directions for ditching and fencing the same, and for keeping
such Fences in Repair, and for laying out, making, and maintaining, proper Roads, Ways and
Passages, in and through the same Premises; and also such other Orders, Regulations, and
Determinations, as the said Commissioners, or any Five or more of them, shall think proper
and necessary to be inserted in such Awards, or Instrument, comformable to the purpose and
Tenor of this Act; and the said Award, or Instrument, shall be fairly ingrossed or
written on Parchment, and signed and sealed by the said Commissioners, or any Five or more
of them, and shall be inrolled either in his Majesty's High Court of Chancery, or else by
the Clerk of the Peace for the County of Norfolk, to the end Recourse may be had to the
same by any person or persons interested in the said intended Inclosure; and a true
copy of the said Award, or Instrument, shall from time to time, and at all times
thereafter, be admitted and allowed, in all Courts whatsoever, as legal Evidence of the
same.
And be it further Enacted, by the
Authority aforesaid, That, when the said several Lands and Grounds, by this Act directed
to be divided and inclosed, as aforesaid, shall be set out and allotted by the said
Commissioners, or any Five or more of them, by such Award, or Instrument, in Writing, as
is herein before mentioned, the respective persons, to whom the said Lands and Grounds
shall be respectively allotted, shall at their own Expense, within the Space of Two Years
after Signing and Sealing of the said Award, or Instrument, inclose, hedge, ditch, and
fence, their respective Shares and Allotments, in such manner, as the said Commissioners,
or any Five or more of them, shall order and direct.
Provided always, That the Expense of
hedging, ditching, and fencing, the said Piece of Land called Barrow-hills, the right of
Common Whereon is herein after allotted to and for the Benefit of the Owners of
Dwelling-houses hereafter-mentioned, shall be borne and defrayed by the said Norborne
Berkeley, and other Owners of Lands in the said Common Field and Brecks, in such manner,
as the said Commissioners, or any Five or more of them, shall order and direct.
Provided also, and it is hereby further Enacted, That
convenient Gaps and Openings shall be left in the said Fences and Inclosures, for the
Space of Six Months next ensuing the Execution of the said Award, or Instrument, for the
Passage of Cattle, Carts, and Carriages, in and through such Gaps and Openings, unless the
several Parties interested shall agree, that the same shall be sooner fenced in, made up,
and inclosed.
And be it further enacted, by the
Authority aforesaid, That the said Commissioners, or any Five or more of them, shall set
out and appoint such public or private Ways or Roads through the new Inclosures, so to be
made, as aforesaid, as they the said Commissioners shall think proper and expedient, so as
all public Roads, so to be set out, be and remain Thirty Feet broad, at the lest6,
between, and exclusive of, the Ditches; and that it shall not be lawful for any
person to use any Roads or Ways, either public or private, over the said new Inclosures,
either on Foot, or with Horses, Cattle, or Carriages, other than such Roads or Ways as
shall be so set out and appointed: And all public Roads or Ways, so to be set out
and appointed, shall, from time to time, be maintained, and kept in Repair by such Ways
and Means, and in such Manner, as other public Highways within the said Parish are to be
maintained, and kept in Repair.
Provided always, That the Proprietors of
the new Inclosures, to be made in pursuance of this Act, shall have free Liberty, for the
Term of Ten Years from the Time of the said Inclosure, to erect or set up any Gate or
Gates cross any Part of the Roads against his, her, or their, own Land, for keeping out
Sheep and Cattle, and to prevent their destroying any Banks, Woods, Plants, Quicksets, or
Fences, which shall be made or planted, for inclosing or fencing any Part or Parcel of the
said several Lands and Grounds, by this Act intended to be inclosed.
And it is hereby further Enacted, That,
when the said Piece of land, called Barrow-hills, shall be set out and allotted by such
Award, or Instrument, as is herein before-mentioned, it shall be lawful for the Owners of
each and every Dwelling-house in the said Manor and Parish of Brancaster, his, her, and
their Heirs, and his, her, and their Tenants respectively (not occupying in the said
Parish, or elsewhere, Lands or Tenements of more than the yearly Value of Five Pounds,
over and besides such Dwelling-house), to have and enjoy a Right of Common of Pasture for
Two Cows or Heifers, or else a Mare and Foal, or else Two Horses, in and over the said
Piece of Land called Barrow-hills, with Liberty to cut Furze thereon, for Firing, to be
burnt in such Dwelling-houses, in every year, for ever here-after, at all Time of the
Year, at his, her, and their, Will and Pleasure, as belonging and appertaining to their
said Dwelling-houses, exclusive of the said Lord of the Manor, and every other Person and
Persons having any Right of Pasture or Feed, or any Right of Common, on the said Piece of
Land called Barrow-hills.
And whereas great Part of the Lands and
Grounds lying within the said Common Field and Brecks, intended to be divided and
inclosed, as aforesaid, are of Copyhold Tenure, and are holden of the said Manor of
Brancaster, and lie dispersed in small parcels among the Freehold Lands in the said Common
Field and Brecks, and may be assigned and allotted, in pursuance of this Act, to different
Owners, in satisfaction for their Freehold Lands, and, by such Division and Inclosure, may
be so set out and divided, as not to be distinguishable; Be it
therefore enacted, by the Authority aforesaid, That all such of the said
Owners, as are be Copyhold Tenants of the said Manor, of Brancaster, shall continue and be
copyhold Tenants of the said Manor, for the like Number of Acres, Roods, and Perches in
the said Common Field and Brecks, as they now stand admitted or intitled unto therein, and
under the said Rents, Fines, and Services, therefore due and payable; and that the
said Commissioners, or any Five or more of the, shall, by such their Award, or Instrument,
determine, describe, and abut, such a Part of the Number of Acres, Roods an Perches, of
Land, to be divided and allotted by them, as aforesaid, to each of the respective Owners
in the said Common Field and Brecks, as are to remain Copyhold of the said Manor;
with Number of Acres, Roods, and Perches, so to be determined and described, shall be
equal to the Number of Acres, Roods and Perches, of Copyhold Land, which such respective
Owners are now possessed of in the said Common Field and Brecks; and the Parties, to whom
such Lands shall be so allotted and assigned, shall within the space of Six Months after
the Execution in the said Instrument, or Award, be admitted Tenants to the said Lands,
without paying any Charge to the Lord of the Manor, or his steward for the same; but
after such First Admission, the said Lands shall be at all times held under, and subject
to, the same Uses, Estates, Tenure-Fines, and other Payments, as the Copyhold Lands within
the said Common Field and Brecks, are now held under and subject to; and that all
other Parts of the said Common Field and Brecks, except what shall be so ascertained by
the said Commissioners to be Copyhold, shall be from thenceforward deemed, taken and
enjoyed, as Freehold Land.
And be it further Enacted, by the
Authority aforesaid, That the several Persons, intitled to any Part of the said
new-intended Inclosure, shall accept of their respective Allotments and shares within the
space of Three Calendar Months after the Execution of the Aforesaid Award, or instrument,
and notice to them respectively given, for that Purpose by the said Commissioners, or any
Five or more of them: And in case any person shall neglect or refuse to accept his
or her share or Allotment within the Time before mentioned, such person shall be totally
excluded from having or receiving any Benefit or Advantage by this Act, and also from any
right of Sheep-walk, Fold-course, or Tath, in and over the said Brecks, Common Field,
Half-year closes, and Fourteen Acres of Common, and the said piece of Land called
Barrow-hills, or any of them.
Provided always, and it is hereby further Enacted and
Declared, That the Guardians, Husbands, Committees, Trustees or Attornies
of any persons being Minors under Coverture, Lunaticks, or beyond the Seas, or otherwise
incapable by law to accept such shares and allotments, so to be set out and made, as
aforesaid, shall be, and they are hereby, enabled and required to accept thereof,
for the use of such person or persons so incapacitated, as aforesaid; and such
Acceptance shall be, and is hereby declared to be, as valid and effectual, as if the
Person or Persons, for or to whom such Allotments shall be made respectively, were capable
of acting for themselves, and had accepted such Shares and Allotments, as aforesaid;
any Law or Usage to the contrary not withstanding.
Provided also, That the Non-claim or
Non-acceptance of any Guardian, Husband, Executor, Committee, or Trustee, shall not
exclude or prejudice the Claim or Acceptance of any Infant, Feme-covert, or Person under
any Disability, as aforesaid, who shall claim or accept his or her share or Allotment
within the space of Twelve Calendar Months next after such Disability or Incapacity shall
be removed; nor shall any such Non-claim or Non-acceptance exclude or prejudice the
claim or Acceptance of any person intitled as Heir, or in Remainder, after the Death of
any person dying under any such Incapacity or Disability, the person, so intitled,
claiming, or accepting, his or her share or Allotment, within the space of Twelve Calendar
Months after his or her Right, Title, or Interest, shall have descended or accrued.
And be it further Enacted, by the
Authority aforesaid, That the several Lands and grounds, so to be divided, assigned and
allotted, under and for the several persons, who, by virtue of this Act, shall be intitled
to the same, shall be in full Bar, Satisfaction, and Compensation, for their several
Pieces and Parcels of ground, which, before the making of this Act, were and are lying
dispersed in the said Common Field and Brecks, within the Manor and Parish of Brancaster
aforesaid; and that, from and immediately after the making of the said Division and
Allotments, and the Execution of the said Award, or Instrument, all Right of Fold-course,
Sheep-walk, or Tath, belonging to, or claimed by, the said Martin Wetherby, Thomas Hendry,
Thomas Willis, William Breman, Frances Thompson, John Knapp, and John Cary, in, over, and
upon, all and every the Common Field, Brecks, and Half-year Closes, and Commons and
Wastes, in the said Manor and Parish of Brancaster; and all Right of Fold-course and
Sheep-walk belonging to, or claimed by, the said Norborne Berkeley in and over the said
Common Fields, Brecks, and Half-Year Closes, and the said Piece of land called
Barrow-hills, and in and over the said Salt Marshes, lying westward from the said
Stathway; and also all right of Common whatsoever belonging to, or claimed by, the
said Norborne Berkeley, and by all or any of the Owners or Proprietors of the Lands,
Tenements, or hereditaments, in the manor and Parish of Brancaster aforesaid, in, over and
upon, the said Common fields, Brecks, Half-year Closes, Fourteen Acres of Common, and the
said Piece of Land called Barrow-hills (except such Rights of Common, in and over the said
Piece of Land called Barrow-hills, and in and by this Act are granted to the Owners of
Dwelling-houses in the said Manor and Parish of Brancaster, their Heirs and Tenants),
shall cease, and be for ever extinguished.
Provided always, and be it Enacted, That
nothing in this Act contained shall prejudice, lessen, or defeat, the Right, Title, or
Interest, of the said Henry Shute, and his successors, Rectors of the parish-church of
Brancaster aforesaid, to or in any Tithes arising or renewing out of, or payable in
respect of, any Lands, Grounds, Tenements, or Hereditaments, lying in the said Manor and
Parish of Brancaster aforesaid; or to prejudice, lessen, or defeat, the Right,
Title, and Interest, of the said Norborne Berkeley, his Heirs or Assigns, of, in, and to,
the seigniory and Royalties incident and belonging to the Manor of Brancaster aforesaid;
but that he the said Norborne Berkeley, and all and every person and persons
claiming under him, as the Lord of the said Manor for the Time being, shall and may, from
time to time, and at all times for every hereafter, hold and enjoy all Rents, Services,
Courts, Perquisites and Profits of Courts, Mines, Goods and Chattels of Felons and
fugitives, felons of themselves, and persons put in Exigent, Deodands, Waifs, Estrays,
Forfeitures, and all other Royalties, Jurisdictions, and Pre-eminencies whatsoever, to the
said Manor, or to him, them, or any of the, as Lord thereof, incident, appendent,
belonging, or appertaining; in as full, ample, and beneficial manner, to all Intents
and Purposes, as he, they, or any of them, could or might have held or enjoyed the same,
in case this Act had not been made; the Copyhold Tenure of such Lands, as, from and
after such Inclosure and Division, as aforesaid, are herein before declared to be
Freehold, and the Rents, Fines, Customs, and services, afterwards to become due and
payable for the same, in respect to the said Copyhold Tenure only, excepted.
Provided also, That nothing in this Act
contained shall extend, or be construed, to revoke, make void, alter, or annul, any Will
or Wills, settlement or settlements, lease or leases, or to prejudice any person or
persons having any Right or claim of Dower, jointure, portion, Debt, Tythes, or
Incumbrance, out of, upon, or affecting, any of the Lands or Grounds so intended to be
inclosed and divided, as aforesaid, any part or parts thereof respectively; but that
each and every Proprietor shall stand and be seised of the several Lands and Grounds to be
assigned and allotted to him or her, as aforesaid, to such and the same Uses, and for such
and the same Estates, and subject to such and the same Wills, Leases, Limitations,
Remainder, Tythes, Rents, Charges, and Incumbrances (and no other) as the several Lands
and Grounds lying in the said Common Field, Brecks, and Fourteen Acres of Common, whereof
such proprietors were respectively seised or possessed, before the Making of this Act,
would have been subject to, charged with, or affected by, respectively, in case the same
had remained uninclosed, or this Act has not been made; any thing herein contained
to the contrary not withstanding.
And it is hereby further Enacted, That
the said Commissioners, or any Five or more of them, shall cause Notice of the Time and
Place of their first Meeting, for the Execution of this Act, to be given in the Parish
church of Brancaster aforesaid, upon some Sunday Morning immediately after Divine Service,
Fifteen Days, at the least, intervening between the Time appointed for such Meeting, and
the Day, when such Notice shall be given; and shall also cause like Notice of every
subsequent Meeting of the said Commissioners (Meetings by Adjournment excepted) to be
given in the Parish-church aforesaid, upon the Sunday next preceding every such Meeting
respectively.
And it is hereby further Enacted, That if
any of the Commissioners herein before named, or to be appointed in manner herein
after-mentioned, shall happen to die before the said Award, or Instrument, shall be made
and executed, it shall be lawful for the surviving Commissioners, or the major part of
them, and they are hereby required, by Writing under their Hands and seals, from time to
time, within Thirty Days after the Death of any such Commissioner, to appoint another
person, not interested in the said intended Inclosures, to be a Commissioner in the room
and stead of him so deceased; and that every Commissioner, to be so appointed, shall
have the like power and Authority; as the Commissioner, in whose place he shall
succeed, was invested with.
And it is hereby further Declared and Enacted, That
the Creek or Ditch on the East side of the Bank, inclosing the said Norborne Berkeley's
Fresh Marshes from the Common Salt Marshes, doth belong to, and is the property of, the
Lord of the said Manor of Brancaster; and that the said Ditch and Bank shall be kept
in Repair, at all times hereafter, by and at the charge of the Lord of the said Manor;
for which purpose it shall be lawful for the said Lord of the Manor, and his Heirs,
to dig and take soil from the Salt Marshes adjoining to the said Ditch and Bank, he and
they leaving always a sufficient passage, on the East side of the said Creek or Ditch, for
the commonable Cattle to pass from the North to the South Parts of the said Salt Marshes.
And it is hereby further Enacted, That
the Costs and Charges incident to, and attending, the obtaining of this present Act, and
of surveying, dividing, and allotting, the Lands and Ground so intended to be inclosed, as
aforesaid, and the preparing and inrolling of the said Award, or Instrument, and all the
Charges and Expenses of the Commissioners, and other necessary Expenses in and about the
premises, shall be borne and paid by the said Norborne Berkeley, and other Owners of Lands
in the said Common Field, Brecks, and Half-year Closes; and shall be settled and
adjusted by the said Commissioners, or any Five or more of them, in proportion to the
present Number of Acres each person respectively hath in the said Common Field, Brecks,
and Half-year Closes.
And it is hereby further Enacted, That if
any person shall refuse or neglect to pay his or her share or Proportion of the said Costs
and Expenses, for the space of Three Months after the time, which shall have been limited
by the said Commissioners for Payment thereof; then, and in such case, the said
Commissioners, or any Five or more of the, shall and may, by Warrant or Warrants under
their Hands and Seals, cause the same to be levied by Distress and sale of Goods and
Chattels of the person so neglecting or refusing, as aforesaid; rendering the
Overplus (if any) alter the Charges and Expenses attending such Distress and sale shall be
deducted, to the person, upon whom such Distress shall be made; or otherwise it
shall be lawful for the said Commissioners, or any Five or More of them, to enter into and
upon the Premises, to be allotted to the person for refusing or neglecting to pay his or
her share or proportion of the said Costs and Expenses, and to take and receive the Rents,
issues, and Profits, of the same premises, until thereby or therewith the share or
proportion of the said costs and Charges, so directed and awarded by the said
Commissioners to be paid by such person, as aforesaid, and also all costs and Expenses
occasioned by, or attending, such Entry upon, and perception of, the Rents and Profits of
the Premises, shall respectively be fully satisfied and paid.
And whereas the said Trustees for the
poor of Brancaster, and for the school there, and the several other Owners and Proprietors
of Lands and Grounds lying in the said Common Field and Brecks, may have Occasion to
borrow Money to defray their respective shares and Proportion of the Charges and Expenses
incident to, and attending, such Inclosure and Division, and the obtaining of this Act,
but, by reason of some settlement or settlements, already made of the said Lands and
Ground, or some part or parts thereof, or other Impediments or Incumbrances respectively
affecting the same, cannot make an effectual security thereon for the Money to be by them
respectively borrowed for the Purposes aforesaid; Be it therefore
further Enacted, That it shall be lawful for the said Trustee of the poor
of Brancaster aforesaid, for the time being, and also for any other of the Owners and
Proprietors of Lands and Grounds lying in the Common Field and Brecks so intended to be
inclosed respectively, whether such Owners and Proprietors be Tenants in fee simple,
Tenants for Life, without Impeachment of Waste, Tenants in Fee-Tail General or special, or
Tenants by the Courtesy of England, by any Deed or Deeds, Writing or Writings, under their
respective Hands and seals, to be duly executed, and to be attested, in the Presence of
Two credible Witnesses, to charge the Lands and Grounds, which shall be assigned and
allotted to them respectively by virtue, and in pursuance, of this Act, with any sum or
sums of Money, for defraying their respective proportions of the said Charges and
Expenses, not exceeding Thirty shillings for every Acre of the Lands and Grounds so to be
allotted to them respectively; and, for securing the repayment of such sum or sums
of Money, with Interest for the same, to grant, mortgage, lease, or demise, the Lands and
Grounds so to be charged, unto any person or persons who shall advance and lend such sum
or sums respectively, his her, or their Heirs, Executors, Administrators, and Assigns, for
any Term or Number of Years; so as such Grant or Demise be made with a Proviso or
Condition to cease, and be void, or with an express Trust to be surrendered, when such sum
or sums of Money thereby to be secured with the Interest thereof, shall be fully satisfied
and paid; and every such Grant, Mortgage, Lease, or Demise, of the said Lands and
Grounds, or part or parts thereof, so to be made in pursuance of this Act, shall be good,
valid, and effectual, in law, for the purposes thereby intended notwithstanding, any
settlement, Will, Trust, Use, Remainder, or Limitation, of or concerning the same Lands
and Grounds, or any Part or Parts thereof, then in being, or capable of taking Effect, to
the contrary.
And it is hereby further Enacted, That in
case the said Norborne Berkeley, Thomas Willis, John Cary, or any other of the Proprietors
of the said Half-year Close, shall, at the time of such Allotment and Division to be made
by the said Commissioners, as aforesaid, be desirous, and shall agree, to exchange any of
the said Half-year Closes with each other, for other Lands or Grounds, of equal Value,
lying in Brancaster aforesaid, more convenient for such Proprietors, and shall, by Writing
under their Hands, signify such their Desire to the said Commissioners, or any Five or
more of the, it shall be lawful for the said Commissioners, or any Five or more of them,
and they are hereby required, to make and confirm such Exchanges, and to cause an Entry to
be made thereof in the said Award, or Instrument, in Writing, to be drawn up, as herein
before in directed; and such Lands shall afterwards be enjoyed by the person or
persons taking the same in Exchange, under and subject to the same Uses, Estates and
Payments, as the Lands, so by him, her, or them, to be parted with in Exchange, are now
held under,a and subject to, and no other.
Saving to the KING'S most
Excellent MAJESTY; his Heirs and Successors, and to all and every
other person and persons, bodies politic and Corporate, his, her, and their Heirs,
Successors, Executors, and Administrators (other than the said Norborne Berkeley,
and all other person and persons intitled either in possession, Reversion, Remainder, or
Expectancy, to any Lands, Ground, Sheep-walks, Tath, Common of Pasture, and other Common
Right, lying and being, and arising, in or within the said Common Field, Brecks, Half-Year
Closes, and Fourteen Acres of Common, and the said Piece of Land called Barrow-hills, in
the said Manor and Parish of Brancaster aforesaid, his, her, and their Heirs, successors,
Executors, and Administrators, (respectively) all such Estate, Right, Title, and Interest,
as they, every, or any, of them, had and enjoyed, of, in, to, or out of, the said common
Field, Brecks, Half-Year Closes, Fourteen Acres of Common, the said piece of Land called
Barrow-hills, and the Common or Salt marshes aforesaid, before the Making of this Act, or
could or ought to have had or enjoyed, in case the same had not been made. |
|
Whereas there
are belonging to the Town or Village of Brancaster, in the County of Norfolk, about Two
thousand Three hundred and Fifty Acres of Land, over and besides the Salt and Fresh
Marshes, and the Commons and Wastes of the said Town; Nine hundred and Sixty Acres
of which said Land are commonly called and known by the Name of the Brecks; and One
thousand and Twenty Acres, other Part of the said Land, are commonly called and known by
the Name of the Common Field (great part of which said Brecks and Common Field lies open
and uninclosed); and Two hundred and Ten Acres, other Part of the said Land, are inclosed,
and commonly called the Half-year closes; and about One hundred and Sixty Acres, the
Remainder of the said Land, are inclosed, and used and enjoyed as Whole-year Land:
And Whereas Norborne
Berkeley, of Stoke-Giffard, in the County of Gloucester, Esquire, is Lord of the Manor of
Brancaster aforesaid; and is seised in the perpetual Advowson, Right of Patronage and
Presentation, of, in, and to, the Rectory of the Parish-Church of Brancaster aforesaid;
and also stands seised in Fee, or of some other good Estate of Inheritance, to him and his
Heirs, of and in the said Manor; and also of and in Eight hundred and Fifty Acres, Part of
the said Brecks; and about Four hundred and Thirty Acres, Part of the said Common Field
and Half-year Closes; and the Remainder of the Lands lying in the said Brecks in the
property of Sir Henry Lestrange, of Hunstanton, in the said County of Norfolk, Baronet,
Trustee of the Charity - School of Brancaster aforesaid, and for the Poor of the Almshouse
there; Henry Shute, Clerk, Rector of Brancaster aforesaid, in the Right of his
Church of Brancaster; Robert Thurlow, Master or Keeper of the said Charity-School as
Schoolmaster; Framingham Lake, of Thornham, in the said County of Norfolk, Merchant;
Martin Wetherby, and John Cary, both of King's Lynn, in the said County, Merchants;
Thomas Hendry, of Brancaster aforesaid, Miller; Thomas Willis, of the same Place,
Merchant; William Breman, of Bagthorpe, in the said County, Yeoman;
Frances Thompson, of Wells Next The Sea, in the said County, Widow; John Knapp, her
son, of the same Town, Ropemaker; William Segon, of Brancaster aforesaid, an infant
under the age of Twenty-one Years; William Curtis, of King's Lynn aforesaid,
Mariner; and Stephen Hendry, of Brancaster aforesaid, Mariner; and the
Remainder of the said Common Field and Half-year Closes is also the Property of the said
Sir Henry Lestrange; Henry Shute; Robert Thurlow; Framingham Lake;
Martin Wetherby; John Cary; Thomas Hendry; Thomas
Willis; William Breman; Frances Thompson; John Knapp;
William Segon; William Curtis; and Stephen Hendry;
and of John Carter, Merchant; John Black, Bricklayer;
William Bodham; Margaret Harman; Josiah Green; Elizabeth Hendry,
Widow; Thomas Middleton; and John Barrett; Joseph Warrant, of Ringstead,
in the said County of Norfolk; the Churchwardens of Brancaster aforesaid for the
Time being; and of several other small Owners:
And Whereas the said
Norborne Berkeley is and stands seised of and in a Right of Sheep-walk for One thousand
Sheep, called the East Fold-course, or Weather-ground; and also of and in another Right of
Sheep-walk, or Fold-course, for One thousand Sheep called the West Fold-course, or
Ewe-ground; which Flocks of Sheep are kept and depastured yearly, and every Year, in
separate Bounds, in and over all such Parts of the said Brecks, as are unsown with Corn,
at all Times of the Year; and in and over such Parts of the said Common Field and
Half-year Closes, as are Unsown with Corn, on and from old Michaelmas-day at Noon, till
and upon old Ladyday at Noon, in every Year; in which Flocks of Sheep the said
Martin Wetherby, Thomas Hendry, Thomas Willis, William Breman, Frances Thompson, John
Knapp, and John Care, have, and each them hath, a Right to set a certain limited or
stinted Number of Sheep, ;not exceeding, in the Whole, One Hundred and Seventeen Sheep, to
be going, fed, and depastured, in the same manner, as the said Flocks, which are also fed
and depastured upon all the Common and Wastes of the said Manor; and they have also
a Right to have among them Nine Acres and Three Roods of their Lands, in the said Brecks,
yearly, in an Husband like manner tathed with the said Flock or flock:
And Whereas the said
Norborne Berkeley, and all the Owners of Estates in Brancaster aforesaid, or their
Tenants, have used to turn their great and commonable Cattle Yearly, and every Year, to be
fed and depastured promiscuously in and upon all such Parts of the said Common Field, as
are unsown with Corn, from and after the end of Harvest, till and upon old Lady-day;
and in and upon all such Parts of the said Brecks, and Half-year Closes, as are
unsown with Corn, upon and from old Michaelmas-day in each Year, till and upon old
Lady-day then next following; in which said Usage of the said Brecks, Common Fields,
and Half-year Closes, the Owners or Occupiers of Houses in the said Town of Brancaster do
claim to join with their great and commonable Cattle:
And Whereas such Usage of
the said Brecks, Common Field, and Half-year Closes, is manifestly prejudicial to all the
said Owners and Occupiers of Lands Lying therein, by preventing any improvement thereof;
and disputes frequently arising between the Proprietors and the Persons claiming
such Right of Common and Sheep-walk, therefore, and for the Considerations herein
after-mentioned, the said Lord of the Manor, and the greatest Part of the other Owners and
Proprietors of Estate in Brancaster aforesaid, are desirous, that the said Brecks and
Common Field may be divided and inclosed, and that Specifick Parts and Shares thereof may
be assigned to each of the proprietors, in proportion to their respective present
Interests therein; and that all the said Lands should be enjoyed by the respective
Owners, in Severalty, exclusive of all the said Rights of Sheep-walk, and Right of Shack
or Common, at all times hereafter; and the said Martin Wetherby, and all the other
Person intitled to a Right to Tath, and Right of Sheep-walk, over the Commons and Wastes
of the said Manor (except the said Thomas Hendry), are willing to release their said
Rights to the said Lord, and his Heirs:
And Whereas the said
Norborne Berkeley is seised, to him and his Heirs, of and in a certain Piece of uninclosed
Land in Brancaster aforesaid, called Barrow-hills, containing, by Estimation, Sixty-five
Acres, be the same more or less, abutting on the King's Highway, leading from Brancaster
Town to Burnham Market, towards the South and lying next the said Common Field, as well
towards the East as North, and next a Close of the said Norborne Berkeley, Lord of the
Manor, called Barrow Close, towards the West, the South, and East, and North Part of which
said Piece of Land, is now Common of Pasture, and the Remainder is the separate Pasture or
Land of the said Lord; and as a Compensation to the Owners of Dwelling-houses, for
their releasing their Claim of Common or Shack over the said Common Field, Brecks,
Half-year closes, the said Lord is willing to release all his Right of Sheep-walk over all
the Common or Salt Marshes lying Westwards from the Harbour and Stathway; and the
said Lord and the Owners of Estates in Brancaster aforesaid, are also willing that all
Right of Common and Sheep-walk over the said Barrow-hills should be released and
extinguished; and that the said Norborne Berkeley shall grant a Right of Common of
Pasture on the said Barrow-hills to all the Owners of Dwelling-houses in the said Town of
Brancaster, and their Heirs, and his, her, and their Tenants (not occupying in the said
Town, or elsewhere, Lands or Tenements of more than the Value of Five Pound's a year, over
and besides such Dwelling-houses), for Two commonable Cows or Heifers, or for a Mare and
Foal, or for Two Horses, to be enjoyed by the owner of every such Dwelling-house, and his
or her Heirs, or his or her Tenant for the Time being (not occupying more than Five Pounds
a year, as aforesaid), at their Election; with Liberty to cut Furze thereon for
their firing, to be burnt in such Dwelling-houses in every year, for every hereafter, at
all Times of the year, at his and their Will and Pleasure, exclusive of the said Lord, or
any other Person or Persons having any right of Pasture or Feed, or other Right of Common,
thereon:
And Whereas the Inclosing
and Dividing of the said Common Field and Brecks, and the Extinguishing of the said
several Rights of Common in and over the same, and in and over the said Half-year Closes,
and Pieces of Common, in the said manor and Parish of Brancaster, and the granting of such
new Right of Common, will be a manifest Advantage to all the several Persons interested in
the Premises, and tend to the Improvement of their respective Estates and Properties in
the said Parish; But, as some of the said Persons
are Trustees, Femes-covert, or infants, cannot be effected without the Authority of
Parliament:
May it therefore please
Your most Excellent MAJESTY,
That it may be Enacted;
And be it Enacted, by
the KING'S most Excellent MAJESTY, by
and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same, That the said Common Field
and Brecks and also the said Four Pieces of Common lying within the said Brecks,
containing, by Estimation, Fourteen Acres, and the said Piece of Land called Barrow-hills,
shall be divided, set out, and allotted, by Nicholas Styleman and Charles Cowper Morley,
Esquires; Robert Glover, Ralph Cauldwell, John Jones, Thomas Howard, Faiborn
Cropley, and Daniel Jones, Gentlemen; William Leeds, John Curtis, John Balders, and
Edmund Senklar, Farmers; Commissioners appointed by this Act, or any Five or more of
them, in the manner, and subject to the Rules, Orders, and Directions, in and by this Act
established and prescribed. |
| And, for the more just and
regular Division and Distribution of the said Common Field and Brecks, Fourteen Acres of
Common, and the said Piece of Land called Barrow-hills, so to be divided, as aforesaid, It
is hereby further Enacted, That, on or before the First Day of May, which
will be in the year of our Lord One thousand Seven hundred and Fifty-six, an exact Survey
and And measurement shall be made and taken of the said Common Field, Brecks, and Pieces
of Common, and of the said Piece of Land called Barrow-hills, by some Person or Persons to
be appointed for that Purpose by the said Commissioners, or any Five or more of them;
and that, within the space of Twelve Calendar Months after such Survey and And
measurement shall be made and taken, the said Common Fields, Brecks, and Fourteen Acres of
Common, and the said Piece of land called Barrow-hills, shall be set out, allotted and
divided, by the said Commissioners, or any Five or more of them, unto and amongst the
several Persons intitled to, and interest in, the same, in proportion to the Number of
Acres, Roods, and Perches, which each person respectively is at present possessed of, or
intitled to, in the said Common Fields, Brecks, and Pieces of Common, and the said piece
of Land called Barrow-hills; but subject, nevertheless, to the Provisions and
Directions herein after contained in that behalf. Provided
always, and it is hereby further enacted and declared, That nothing herein
contained shall extend, or be construed to extend, to authorize the said Commissioners to
give any undue Preference to any of the Parties interested or concerned in the said
intended Inclosure and Division; but that the said commissioners shall have a due
Regard, as well to the Quality, as to the Quantity, of the Lands and Grounds so to be
divided and allotted, as aforesaid, as also to the Situation and Contiguity of the same to
the respective Habitations of the several Parties, to or for whom such Lands and Grounds
shall respectively be assigned and allotted.
And, for preventing all Differences and
Disputes relating to the said Inclosures and Divisions, It is hereby
further Enacted, That, within the space of Three Calendar Months after the
said Commissioners shall have completed the Partitions and Allotments of the said Common
Field, Brecks, Fourteen Acres of Common, and the said Piece of Land called Barrow-hills,
pursuant to the Purpose and Direction of this Act, they the said Commissioners, or any
Five or more of them, shall form and draw up an Award, or Instrument, in Writing, which
shall denote and express the Number, in Statute-measure, of Acres, Roods, and Perches,
contained in the said Common Field, Brecks, and Fourteen Acres of Common, and in the said
piece of Land called Barrow-hills, so intended to be inclosed, and the Quantity of each
and every Part and Parcel thereof, assigned, and allotted to each of the Parties intitled
to, and interested in, the same; and shall also contain a Description of the
Situations, Abuttals, and Boundaries, of the same Parcels and Allotments respectively;
and such Orders and Directions for ditching and fencing the same, and for keeping
such Fences in Repair, and for laying out, making, and maintaining, proper Roads, Ways and
Passages, in and through the same Premises; and also such other Orders, Regulations, and
Determinations, as the said Commissioners, or any Five or more of them, shall think proper
and necessary to be inserted in such Awards, or Instrument, comformable to the purpose and
Tenor of this Act; and the said Award, or Instrument, shall be fairly ingrossed or
written on Parchment, and signed and sealed by the said Commissioners, or any Five or more
of them, and shall be inrolled either in his Majesty's High Court of Chancery, or else by
the Clerk of the Peace for the County of Norfolk, to the end Recourse may be had to the
same by any person or persons interested in the said intended Inclosure; and a true
copy of the said Award, or Instrument, shall from time to time, and at all times
thereafter, be admitted and allowed, in all Courts whatsoever, as legal Evidence of the
same.
And be it further Enacted, by the
Authority aforesaid, That, when the said several Lands and Grounds, by this Act directed
to be divided and inclosed, as aforesaid, shall be set out and allotted by the said
Commissioners, or any Five or more of them, by such Award, or Instrument, in Writing, as
is herein before mentioned, the respective persons, to whom the said Lands and Grounds
shall be respectively allotted, shall at their own Expense, within the Space of Two Years
after Signing and Sealing of the said Award, or Instrument, inclose, hedge, ditch, and
fence, their respective Shares and Allotments, in such manner, as the said Commissioners,
or any Five or more of them, shall order and direct.
Provided always, That the Expense of
hedging, ditching, and fencing, the said Piece of Land called Barrow-hills, the right of
Common Whereon is herein after allotted to and for the Benefit of the Owners of
Dwelling-houses hereafter-mentioned, shall be borne and defrayed by the said Norborne
Berkeley, and other Owners of Lands in the said Common Field and Brecks, in such manner,
as the said Commissioners, or any Five or more of them, shall order and direct.
Provided also, and it is hereby further Enacted, That
convenient Gaps and Openings shall be left in the said Fences and Inclosures, for the
Space of Six Months next ensuing the Execution of the said Award, or Instrument, for the
Passage of Cattle, Carts, and Carriages, in and through such Gaps and Openings, unless the
several Parties interested shall agree, that the same shall be sooner fenced in, made up,
and inclosed.
And be it further enacted, by the
Authority aforesaid, That the said Commissioners, or any Five or more of them, shall set
out and appoint such public or private Ways or Roads through the new Inclosures, so to be
made, as aforesaid, as they the said Commissioners shall think proper and expedient, so as
all public Roads, so to be set out, be and remain Thirty Feet broad, at the lest6,
between, and exclusive of, the Ditches; and that it shall not be lawful for any
person to use any Roads or Ways, either public or private, over the said new Inclosures,
either on Foot, or with Horses, Cattle, or Carriages, other than such Roads or Ways as
shall be so set out and appointed: And all public Roads or Ways, so to be set out
and appointed, shall, from time to time, be maintained, and kept in Repair by such Ways
and Means, and in such Manner, as other public Highways within the said Parish are to be
maintained, and kept in Repair.
Provided always, That the Proprietors of
the new Inclosures, to be made in pursuance of this Act, shall have free Liberty, for the
Term of Ten Years from the Time of the said Inclosure, to erect or set up any Gate or
Gates cross any Part of the Roads against his, her, or their, own Land, for keeping out
Sheep and Cattle, and to prevent their destroying any Banks, Woods, Plants, Quicksets, or
Fences, which shall be made or planted, for inclosing or fencing any Part or Parcel of the
said several Lands and Grounds, by this Act intended to be inclosed.
And it is hereby further Enacted, That,
when the said Piece of land, called Barrow-hills, shall be set out and allotted by such
Award, or Instrument, as is herein before-mentioned, it shall be lawful for the Owners of
each and every Dwelling-house in the said Manor and Parish of Brancaster, his, her, and
their Heirs, and his, her, and their Tenants respectively (not occupying in the said
Parish, or elsewhere, Lands or Tenements of more than the yearly Value of Five Pounds,
over and besides such Dwelling-house), to have and enjoy a Right of Common of Pasture for
Two Cows or Heifers, or else a Mare and Foal, or else Two Horses, in and over the said
Piece of Land called Barrow-hills, with Liberty to cut Furze thereon, for Firing, to be
burnt in such Dwelling-houses, in every year, for ever here-after, at all Time of the
Year, at his, her, and their, Will and Pleasure, as belonging and appertaining to their
said Dwelling-houses, exclusive of the said Lord of the Manor, and every other Person and
Persons having any Right of Pasture or Feed, or any Right of Common, on the said Piece of
Land called Barrow-hills.
And whereas great Part of the Lands and
Grounds lying within the said Common Field and Brecks, intended to be divided and
inclosed, as aforesaid, are of Copyhold Tenure, and are holden of the said Manor of
Brancaster, and lie dispersed in small parcels among the Freehold Lands in the said Common
Field and Brecks, and may be assigned and allotted, in pursuance of this Act, to different
Owners, in satisfaction for their Freehold Lands, and, by such Division and Inclosure, may
be so set out and divided, as not to be distinguishable; Be it
therefore enacted, by the Authority aforesaid, That all such of the said
Owners, as are be copyhold Tenants of the said Manor, of Brancaster, shall continue and be
copyhold Tenants of the said Manor, for the like Number of Acres, Roods, and Perches in
the said Common Field and Brecks, as they now stand admitted or intitled unto therein, and
under the said Rents, Fines, and Services, therefore due and payable; and that the
said Commissioners, or any Five or more of the, shall, by such their Award, or Instrument,
determine, describe, and abut, such a Part of the Number of Acres, Roods an Perches, of
Land, to be divided and allotted by them, as aforesaid, to each of the respective Owners
in the said Common Field and Brecks, as are to remain Copyhold of the said Manor;
with Number of Acres, Roods, and Perches, so to be determined and described, shall be
equal to the Number of Acres, Roods and Perches, of Copyhold Land, which such respective
Owners are now possessed of in the said Common Field and Brecks; and the Parties, to whom
such Lands shall be so allotted and assigned, shall within the space of Six Months after
the Execution in the said Instrument, or Award, be admitted Tenants to the said Lands,
without paying any Charge to the Lord of the Manor, or his steward for the same; but
after such First Admission, the said Lands shall be at all times held under, and subject
to, the same Uses, Estates, Tenure-Fines, and other Payments, as the Copyhold Lands within
the said Common Field and Brecks, are now held under and subject to; and that all
other Parts of the said Common Field and Brecks, except what shall be so ascertained by
the said Commissioners to be Copyhold, shall be from thenceforward deemed, taken and
enjoyed, as Freehold Land.
And be it further Enacted, by the
Authority aforesaid, That the several Persons, intitled to any Part of the said
new-intended Inclosure, shall accept of their respective Allotments and shares within the
space of Three Calendar Months after the Execution of the Aforesaid Award, or instrument,
and notice to them respectively given, for that Purpose by the said Commissioners, or any
Five or more of them: And in case any person shall neglect or refuse to accept his
or her share or Allotment within the Time before mentioned, such person shall be totally
excluded from having or receiving any Benefit or Advantage by this Act, and also from any
right of Sheep-walk, Fold-course, or Tath, in and over the said Brecks, Common Field,
Half-year closes, and Fourteen Acres of Common, and the said piece of Land called
Barrow-hills, or any of them.
Provided always, and it is hereby further Enacted and
Declared, That the Guardians, Husbands, Committees, Trustees or Attornies
of any persons being Minors under Coverture, Lunaticks, or beyond the Seas, or otherwise
incapable by law to accept such shares and allotments, so to be set out and made, as
aforesaid, shall be, and they are hereby, enabled and required to accept thereof,
for the use of such person or persons so incapacitated, as aforesaid; and such
Acceptance shall be, and is hereby declared to be, as valid and effectual, as if the
Person or Persons, for or to whom such Allotments shall be made respectively, were capable
of acting for themselves, and had accepted such Shares and Allotments, as aforesaid;
any Law or Usage to the contrary not withstanding.
Provided also, That the Non-claim or
Non-acceptance of any Guardian, Husband, Executor, Committee, or Trustee, shall not
exclude or prejudice the Claim or Acceptance of any Infant, Feme-covert, or Person under
any Disability, as aforesaid, who shall claim or accept his or her share or Allotment
within the space of Twelve Calendar Months next after such Disability or Incapacity shall
be removed; nor shall any such Non-claim or Non-acceptance exclude or prejudice the
claim or Acceptance of any person intitled as Heir, or in Remainder, after the Death of
any person dying under any such Incapacity or Disability, the person, so intitled,
claiming, or accepting, his or her share or Allotment, within the space of Twelve Calendar
Months after his or her Right, Title, or Interest, shall have descended or accrued.
And be it further Enacted, by the
Authority aforesaid, That the several Lands and grounds, so to be divided, assigned and
allotted, under and for the several persons, who, by virtue of this Act, shall be intitled
to the same, shall be in full Bar, Satisfaction, and Compensation, for their several
Pieces and Parcels of ground, which, before the making of this Act, were and are lying
dispersed in the said Common Field and Brecks, within the Manor and Parish of Brancaster
aforesaid; and that, from and immediately after the making of the said Division and
Allotments, and the Execution of the said Award, or Instrument, all Right of Fold-course,
Sheep-walk, or Tath, belonging to, or claimed by, the said Martin Wetherby, Thomas Hendry,
Thomas Willis, William Breman, Frances Thompson, John Knapp, and John Cary, in, over, and
upon, all and every the Common Field, Brecks, and Half-year Closes, and Commons and
Wastes, in the said Manor and Parish of Brancaster; and all Right of Fold-course and
Sheep-walk belonging to, or claimed by, the said Norborne Berkeley in and over the said
Common Fields, Brecks, and Half-Year Closes, and the said Piece of land called
Barrow-hills, and in and over the said Salt Marshes, lying westward from the said
Stathway; and also all right of Common whatsoever belonging to, or claimed by, the
said Norborne Berkeley, and by all or any of the Owners or Proprietors of the Lands,
Tenements, or hereditaments, in the manor and Parish of Brancaster aforesaid, in, over and
upon, the said Common fields, Brecks, Half-year Closes, Fourteen Acres of Common, and the
said Piece of Land called Barrow-hills (except such Rights of Common, in and over the said
Piece of Land called Barrow-hills, and in and by this Act are granted to the Owners of
Dwelling-houses in the said Manor and Parish of Brancaster, their Heirs and Tenants),
shall cease, and be for ever extinguished.
Provided always, and be it Enacted, That
nothing in this Act contained shall prejudice, lessen, or defeat, the Right, Title, or
Interest, of the said Henry Shute, and his successors, Rectors of the parish-church of
Brancaster aforesaid, to or in any Tythes arising or renewing out of, or payable in
respect of, any Lands, Grounds, Tenements, or Hereditaments, lying in the said Manor and
Parish of Brancaster aforesaid; or to prejudice, lessen, or defeat, the Right,
Title, and Interest, of the said Norborne Berkeley, his Heirs or Assigns, of, in, and to,
the seigniory and Royalties incident and belonging to the Manor of Brancaster aforesaid;
but that he the said Norborne Berkeley, and all and every person and persons
claiming under him, as the Lord of the said Manor for the Time being, shall and may, from
time to time, and at all times for every hereafter, hold and enjoy all Rents, Services,
Courts, Perquisites and Profits of Courts, Mines, Goods and Chattels of Felons and
fugitives, felons of themselves, and persons put in Exigent, Deodands, Waifs, Estrays,
Forfeitures, and all other Royalties, Jurisdictions, and Pre-eminences whatsoever, to the
said Manor, or to him, them, or any of the, as Lord thereof, incident, appendent,
belonging, or appertaining; in as full, ample, and beneficial manner, to all Intents
and Purposes, as he, they, or any of them, could or might have held or enjoyed the same,
in case this Act had not been made; the Copyhold Tenure of such Lands, as, from and
after such Inclosure and Division, as aforesaid, are herein before declared to be
Freehold, and the Rents, Fines, Customs, and services, afterwards to become due and
payable for the same, in respect to the said Copyhold Tenure only, excepted.
Provided also, That nothing in this Act
contained shall extend, or be construed, to revoke, make void, alter, or annul, any Will
or Wills, settlement or settlements, lease or leases, or to prejudice any person or
persons having any Right or claim of Dower, jointure, portion, Debt, Tythes, or
Incumbrance, out of, upon, or affecting, any of the Lands or Grounds so intended to be
inclosed and divided, as aforesaid, any part or parts thereof respectively; but that
each and every Proprietor shall stand and be seised of the several Lands and Grounds to be
assigned and allotted to him or her, as aforesaid, to such and the same Uses, and for such
and the same Estates, and subject to such and the same Wills, Leases, Limitations,
Remainder, Tythes, Rents, Charges, and Incumbrances (and no other) as the several Lands
and Grounds lying in the said Common Field, Brecks, and Fourteen Acres of Common, whereof
such proprietors were respectively seised or possessed, before the Making of this Act,
would have been subject to, charged with, or affected by, respectively, in case the same
had remained uninclosed, or this Act has not been made; any thing herein contained
to the contrary not withstanding.
And it is hereby further Enacted, That
the said Commissioners, or any Five or more of them, shall cause Notice of the Time and
Place of their first Meeting, for the Execution of this Act, to be given in the Parish
church of Brancaster aforesaid, upon some Sunday Morning immediately after Divine Service,
Fifteen Days, at the least, intervening between the Time appointed for such Meeting, and
the Day, when such Notice shall be given; and shall also cause like Notice of every
subsequent Meeting of the said Commissioners (Meetings by Adjournment excepted) to be
given in the Parish-church aforesaid, upon the Sunday next preceding every such Meeting
respectively.
And it is hereby further Enacted, That if
any of the Commissioners herein before named, or to be appointed in manner herein
after-mentioned, shall happen to die before the said Award, or Instrument, shall be made
and executed, it shall be lawful for the surviving Commissioners, or the major part of
them, and they are hereby required, by Writing under their Hands and seals, from time to
time, within Thirty Days after the Death of any such Commissioner, to appoint another
person, not interested in the said intended Inclosures, to be a Commissioner in the room
and stead of him so deceased; and that every Commissioner, to be so appointed, shall
have the like power and Authority; as the Commissioner, in whose place he shall
succeed, was invested with.
And it is hereby further Declared and Enacted, That
the Creek or Ditch on the East side of the Bank, inclosing the said Norborne Berkeley's
Fresh Marshes from the Common Salt Marshes, doth belong to, and is the property of, the
Lord of the said Manor of Brancaster; and that the said Ditch and Bank shall be kept
in Repair, at all times hereafter, by and at the charge of the Lord of the said Manor;
for which purpose it shall be lawful for the said Lord of the Manor, and his Heirs,
to dig and take soil from the Salt Marshes adjoining to the said Ditch and Bank, he and
they leaving always a sufficient passage, on the East side of the said Creek or Ditch, for
the commonable Cattle to pass from the North to the South Parts of the said Salt Marshes.
And it is hereby further Enacted, That
the Costs and Charges incident to, and attending, the obtaining of this present Act, and
of surveying, dividing, and allotting, the Lands and Ground so intended to be inclosed, as
aforesaid, and the preparing and inrolling of the said Award, or Instrument, and all the
Charges and Expenses of the Commissioners, and other necessary Expenses in and about the
premises, shall be borne and paid by the said Norborne Berkeley, and other Owners of Lands
in the said Common Field, Brecks, and Half-year Closes; and shall be settled and
adjusted by the said Commissioners, or any Five or more of them, in proportion to the
present Number of Acres each person respectively hath in the said Common Field, Brecks,
and Half-year Closes.
And it is hereby further Enacted, That if
any person shall refuse or neglect to pay his or her share or Proportion of the said Costs
and Expenses, for the space of Three Months after the time, which shall have been limited
by the said Commissioners for Payment thereof; then, and in such case, the said
Commissioners, or any Five or more of the, shall and may, by Warrant or Warrants under
their Hands and Seals, cause the same to be levied by Distress and sale of Goods and
Chattels of the person so neglecting or refusing, as aforesaid; rendering the
Overplus (if any) alter the Charges and Expenses attending such Distress and sale shall be
deducted, to the person, upon whom such Distress shall be made; or otherwise it
shall be lawful for the said Commissioners, or any Five or More of them, to enter into and
upon the Premises, to be allotted to the person for refusing or neglecting to pay his or
her share or proportion of the said Costs and Expenses, and to take and receive the Rents,
issues, and Profits, of the same premises, until thereby or therewith the share or
proportion of the said costs and Charges, so directed and awarded by the said
Commissioners to be paid by such person, as aforesaid, and also all costs and Expenses
occasioned by, or attending, such Entry upon, and perception of, the Rents and Profits of
the Premises, shall respectively be fully satisfied and paid.
And whereas the said Trustees for the
poor of Brancaster, and for the school there, and the several other Owners and Proprietors
of Lands and Grounds lying in the said Common Field and Brecks, may have Occasion to
borrow Money to defray their respective shares and Proportions of the Charges and Expenses
incident to, and attending, such Inclosure and Division, and the obtaining of this Act,
but, by reason of some settlement or settlements, already made of the said Lands and
Ground, or some part or parts thereof, or other Impediments or Incumbrances respectively
affecting the same, cannot make an effectual security thereon for the Money to be by them
respectively borrowed for the Purposes aforesaid; Be it therefore
further Enacted, That it shall be lawful for the said Trustee of the poor
of Brancaster aforesaid, for the time being, and also for any other of the Owners and
Proprietors of Lands and Grounds lying in the Common Field and Brecks so intended to be
inclosed respectively, whether such Owners and Proprietors be Tenants in fee simple,
Tenants for Life, without Impeachment of Waste, Tenants in Fee-Tail General or special, or
Tenants by the Courtesy of England, by any Deed or Deeds, Writing or Writings, under their
respective Hands and seals, to be duly executed, and to be attested, in the Presence of
Two credible Witnesses, to charge the Lands and Grounds, which shall be assigned and
allotted to them respectively by virtue, and in pursuance, of this Act, with any sum or
sums of Money, for defraying their respective proportions of the said Charges and
Expenses, not exceeding Thirty shillings for every Acre of the Lands and Grounds so to be
allotted to them respectively; and, for securing the repayment of such sum or sums
of Money, with Interest for the same, to grant, mortgage, lease, or demise, the Lands and
Grounds so to be charged, unto any person or persons who shall advance and lend such sum
or sums respectively, his her, or their Heirs, Executors, Administrators, and Assigns, for
any Term or Number of Years; so as such Grant or Demise be made with a Proviso or
Condition to cease, and be void, or with an express Trust to be surrendered, when such sum
or sums of Money thereby to be secured with the Interest thereof, shall be fully satisfied
and paid; and every such Grant, Mortgage, Lease, or Demise, of the said Lands and
Grounds, or part or parts thereof, so to be made in pursuance of this Act, shall be good,
valid, and effectual, in law, for the purposes thereby intended notwithstanding, any
settlement, Will, Trust, Use, Remainder, or Limitation, of or concerning the same Lands
and Grounds, or any Part or Parts thereof, then in being, or capable of taking Effect, to
the contrary.
And it is hereby further Enacted, That in
case the said Norborne Berkeley, Thomas Willis, John Cary, or any other of the Proprietors
of the said Half-year Close, shall, at the time of such Allotment and Division to be made
by the said Commissioners, as aforesaid, be desirous, and shall agree, to exchange any of
the said Half-year Closes with each other, for other Lands or Grounds, of equal Value,
lying in Brancaster aforesaid, more convenient for such Proprietors, and shall, by Writing
under their Hands, signify such their Desire to the said Commissioners, or any Five or
more of the, it shall be lawful for the said Commissioners, or any Five or more of them,
and they are hereby required, to make and confirm such Exchanges, and to cause an Entry to
be made thereof in the said Award, or Instrument, in Writing, to be drawn up, as herein
before in directed; and such Lands shall afterwards be enjoyed by the person or
persons taking the same in Exchange, under and subject to the same Uses, Estates and
Payments, as the Lands, so by him, her, or them, to be parted with in Exchange, are now
held under, and subject to, and no other.
Saving to the KING'S most
Excellent MAJESTY; his Heirs and Successors, and to all and every
other person and persons, bodies politic and Corporate, his, her, and their Heirs,
Successors, Executors, and Administrators (other than the said Norborne Berkeley,
and all other person and persons intitled either in possession, Reversion, Remainder, or
Expectancy, to any Lands, Ground, Sheep-walks, Tath, Common of Pasture, and other Common
Right, lying and being, and arising, in or within the said Common Field, Brecks, Half-Year
Closes, and Fourteen Acres of Common, and the said Piece of Land called Barrow-hills, in
the said Manor and Parish of Brancaster aforesaid, his, her, and their Heirs, successors,
Executors, and Administrators, respectively) all such Estate, Right, Title, and Interest,
as they, every, or any, of them, had and enjoyed, of, in, to, or out of, the said common
Field, Brecks, Half-Year Closes, Fourteen Acres of Common, the said piece of Land called
Barrow-hills, and the Common or Salt marshes aforesaid, before the Making of this Act, or
could or ought to have had or enjoyed, in case the same had not been made. |
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