Page images
PDF
EPUB

Charles by the Grace of God of England Scotland France and Ireland King Deffender of the Faith &c. the Fifth and then and there fully agreed on as followeth.

1630.

Right Honourable whereas we Received his Majestes Commission out of his Highnesses Honourable Court of Exchequor to whome there be Annexed to Us Directed whereby we are appointed and Directed to Proceed in the execution thereof according to a Certain order of the said Court made in the Term of the Holy Trinity now Last Past in the said Comission Expressed and according to Certain orders of Instructions to the said Comission annexed where the said Commissioners at the Day and Place aforesaid Did accordingly Proceed in the Execution thereof in manner as Followeth.

Imprimis

Crowle.

We did Repair to the Wastes and Comonable Late Surrounded Grounds belonging to the Lordship of Hatfield in the County of Yorke and in the Manor of Crowle in the County of Hatfield. Lincoln and there by the Testimony of Good and Lawful men produced and sworn as witnesses in the said matters as also by our own view and Survey and also by Divers and Sundry Records Deeds Perambulations and by other Evidences we Informed our Selves Touching the said Wastes and Commons with the Quantitys and Qualitys of Acres of these Grounds Belonging to the said Lordship of Hatfield and Manor of Crowle Respectively and of the True Antient Known meets and Boundaries thereof, and of the new Rivers, Dykes and Streams lately Cast and made for the Draining thereof wherein we finde and so do Certifie

To Your Lordships That the Undertakers of the Draining of those Grounds have to their Great and Excessive Costs Charges and Labours made and Cast many Large Dains Rivers and Streams and Erected many Sluices and other Instruments whereby they have Drained and Saved from the Violence and surrounding of waters Great Quantitys of the said Grounds whereof before small Proffit was made But since the Casting of Drains and Streams and since the erecting of Many Sluices the said Grounds are not only made_Beneficial for the Commoners and owners thereof in Particular, But the said works and the Good wrought thereby leadeth in our opinions to the Good and Proffit of the Commonweale in General, and we found by the Testimony and Depositions of Divers witnesses Read unto us that so farr and in those parts wherein the Precincts of the Wastes and Territorys of the said Lordship of Hatfield and of the said Manor of Crowle Do Butt and Joyn one upon the other, The Same are Bounded out by the old River of Dunn which runeth Betwixth the Same, and which in these parts the Boundary also is the very True Boundary of the Countys of

Hatfield.
Crowle.

Dunn River

Between the
Countys of
Yorke and
Lincoln.

Lincoln and Yorke, and there be Three Great parcels of Waste and Common Grounds Scituate and Lyeing in the Lordship of Hatfield Beyond or on the west side of the Said River Called old Dunn Called and Known by the Several names of Northtofts, Haines and the Grounds Lyeing Between the Said Haines and Dukleing Ledge Called Haines Plains, which said Three Parcels. of Grounds are of these several Qualitys as we are Credibly Informed. That is to say the said Northtofts Doth Contain 317 acres. The Haines Twelve Hundred acres The said Grounds Lyeing Between the Moorhouse and Dukleing Ledge acres, and Because the Lords and owners of the said Manor of Crowle That is to say Sr. Gevase Elwys Knight Jeremy Elwys and Nics Hammerton Esqrs. who Purchased the same Lately, Did Lay Claim to the Freehold of the said Grounds called the Haines and Northtofts and Because the Tennants as well Freeholders as Copyholders of the said manor of Crowle Did Challenge and Claim Comon Pasture in the said three parcels of Ground Lyeing within the said Lordship of Hatfield. We therefore heard their Evidences &c. at Large by the which they made their several Claims and Challenges and after long Hearing and Debating of the said matters we Endeavour'd to make a Composition and Agreement with the said Tennants of the said Manor of Crowle who pretended to have Common in the said Three Parcels of Ground, And in the End we Agreed and Compounded with them in Manner and Form as Followeth.

Hatfield.

That is to Say That his majesty and his Highnesses Grantees of the said Lordship of Hatfield should for ever Hereafter be Freed Exhonerated and Discharged of Common and of every Interest which the said Tennants of the said manor of Crowle Could or might have or Claime

Free and Copy

Crowle. or Challenge to Have in the said North tofts Haines and the Grounds Lyeing Betwixt the Moorhouse and the Dukling Ledge and in Consideration thereof we Did agree and order, If it shall please this Honourable Court to accept thereof. That the Said Free Tennants and Copyhold Tennants of the said Manor of Crowle should Have the Possession ffreehold and Inheritance of Six Hundred and Fifty acres of Ground to be sett out for them in manner and form Following. That is to Say Two Hundred and Fifty acres thereof to be surveyed measured and Laid out . . . Southward in

hold Tennts. of Croule to have 650 acres of comon and moor in the county of Yorke.

from the Blackwater 7 and a place called

[ocr errors]

7 "Blackwater: now called Wild Pitts. their is many of them upon these moors of a novel form for the most part about 14 yards Deep, and all ways full to the Top in dry or wett seasons and never overflow. the Water Black, some of thm. 100 yards about." (Stovin's note).

The Commoners of Crowle consent that

Robert Pindar the

in the Said 650 acres &c.

the County of Yorke, and the four Hundred acres residue thereof To be Likewise Surveyed measured and Laid out for conveniency next adjoining to the said Two Hundred and Fifty acres, The said four Hundred Acres To be Conveniently Laid out of the Turff moors in the County of Yorke also, which said six Hundred and Fifty acres were agreed the said Commoners and Inhabitants of Crowle might Take Conveyance off, in the names of Feoffes or Grantees in Trust for their own uses and Behoofes to be occupied and enjoyed without Lawfull Eviction and Just Interruption otherwise this Certificate to be of none Effect. And we do further Certifye to your Good Lordships, That every acre of the Two Hundred and Fifty acres are yearly worth Six shillings and every acre of the Four Hundred Acres is yearly worth fourpence an acre. And by Consent of the Commoners of Crowle we Do order Robert Pindar the Younger and Thomas Williamson of Estofte in the County younger and Thomas of Lincoln Yeomen Be admitted to be Commoners Williamson of with them in the said allotments as Heretofore Estofte yeom. in the hath been used. And Because by the Draining County of Lincolne, of the said Great wastes the Fishermen of Gowle have Comon Right have allmost Lost their whole Fishings thereby, We the Said Commissoners have alloted and assighned to Such Persons as have or had Fishings Belonging to their several Persons, Houses and Grounds, one Hundred acres of Ground to be Laid out in the wastes of Crowle and to go and be Continually to the occupyers and owners of such Fishings of the said Houses and Lands, and Because Equal Right should be Done to the owners of the Said Persons Fishings we have Required John Estofte, William Anderson, and Robert Ryder Esqrs. For to allow for the said Fishings out of the said Grounds and to such Person and Persons and in such Proportions as they or any Two of them shall sett Doome Limitt and appoint and the said Reffarees are Required to Lay and set out The said Hundred acres and such Conveyances to be made Thereof as Councel Learned shall advise and Devise, and the owners and Possesors of this Hundred acres in Lieu of their several Fishings shall satisfye and Pay to the Lords of the Fishings usual values and Yearly Rents which have Been usualy paid and answered unto the Lords and owners of the said Rents Due for Fishings as Heretofore have been Paid and answered Therefore.

Fishings held by Copy of Court Roll

of the manor of Crowle, wch. being lost by the draynidge Mr. Estofte

Mr. Anderson and Mr. Ryder are to Set apart 100 acres of Land in Lieu of their fishings &c.

And whereas we are by the said Instructions Directed to sett and Divide out of the wastes and Comonable surrounded Grounds' a Third Part in severalty for Sr. Cornelius Vermuyden Knight, We have according to the said Instructions Caused the said wastes

and Commonable Late surrounded Grounds in Crowle to be Carefully surveyed and to be Divided into Three Several Parts in which we gave orders That part of the Best and Part of the Worst Grounds should be Proportionally put into every of the said Three Parts to make them Equal which Divisions and Partitions were made accordingly. and on the said Eight Day of September being the Latter Day appointed for the Execution of the said Commission the same was returned before us and we Deliberately Considered thereof and we called many of the Principal Commoners of Croule Both to See and Hear the same And by the Consent of the said Commoners we the said Commoners Did and Do assighne and allott to the said Sr. Cornelius Vermuyden Knight his heirs and

658 acres of Ground alloted out of the Comons of Crowle to Sr.

assighnes for his Third Part Six Hundred Fifty and Eight acres of Grounds to be Held and enjoyed by Him for ever Hereafter in severalty Discharged and freed from all Commons of Pasture Fishings and other Interests which the said Cornll. Vermyden Tennants and Commoners of Croule shall or may at any Time Claim or Challenge in the same or in any part Thereof which Third Part and Portion of Ground are Butted and Bounded out by meets and Bounds as Followeth.

and his heirs &c.

That is to Say abutting or Lyeing next the new High way Leading from Croule Causey To the South Point of Durtness on the South, The new Drain Called the Twenty foot Drain towards Croule on the north, The new Bridge nere the Corner of Hyrst closes on the East, and on the River of old Dunn on the west, which said Third Part we do think fitt If it shall so please the said Honourable Court to be ordered and Decreed to the said Sr. Cornelius Vermyden his heirs and assighnes in Lieu and Gonsideration of Costs and Charges He hath been at by makeing and Cutting of the new Drains, Rivers, watercourses, sluices and other Instruments which the said Sr. Cornelius Vermyden hath at his Costs and Charges Caused to be Cutt Cast made and

8 "Hyrst is in Belton Parish and was a cell to Nostel in Yorkshire its now the Estate of Mr. Jona Stovin and Tythe free, had a great quantity of fine oake upon it about 40 years agoe, and is now planted round and in every Hedgerow with Elms by the Said Mr. Stovin." (Stovins note).

Hirst Priory, founded by Nigel d'Albini, and granted by him to the Canons of St. Oswald at Nostel.

After the dissolution of the religious houses, this place was granted, with all the privileges it ever had, to John, Earl of Warien, who disposed of it to William Breton of London; Breton sold it to Alexander Banister of Epworth, from whom it was purchased by Sir Peter Ewer. Thomas Brewer was the next owner, who settled it upon his daughter and heirs male, upon her marriage with John Taylor of Newland, in Yorkshire, near Rawcliffe, in whose family it continued until Richard Taylor sold it to Jonathan Stovin, of Tetley, in the parish of Crowle.

[“Read's History of the Isle of Axholme" (1858), edited by T. E. Fletcher, p. 360-361].

Builded for the Draining of all the said wastes and surrounded Grounds which Drains Rivers Streams Watercourses Sluices and other Instruments of Draining the said Sr. Cornelius Vermyden his Heirs and assighnes are to maintain and at their Costs and Charges to amend and Repair for ever, and the said Commoners and their Heirs and assighnes to be forever Hereafter freed and Discharged of the Said Repairs and the other Two Parts Being one Thousand acres at the Least are to be Held and Enjoyed in Common as formerly They have Been used And thus we have made our Certificate to Your Lordships according to our said Instructions, or so near Thereto as we Could prevail in And do Leave the same to the further Consideration of Your Lordships and this Honourable Court, In Witness whereof we the said Commissioners have Hereunto sett our Hands and Seals Dated as aforesaid.

Sr. Cornll. Vermijden and his heirs &c. to maintain the Draynes, Sluices, Bridges, &c. for Ever.

We were present at the makeing and Composeing of this Certificate and Do give our allowance and approbation Thereunto.

[blocks in formation]

Crowle Decree 5th Carol Ist 1630.

Tho. Watkinson cler.
Richd. Brewer, my

Great Great Grand

Father by my Fathers side. Rot. Stephenson Henry Rutter Jermyn Berrier.

WM. PELHAM.

WILL. ANDERSON.

JOHN ESTOFTE.

Decree OUT OF THE EXCHEQUOR
COMMONS OF

CROULE &c. OR THE

Carolus Dei Gratia &c. apud Westminster de Anno Regni nostri Quinto (viz) &c. Tricessimo Die Novembris &c.

Whereas Sr. Robert Heath Knight his majestys attorney generall Did Heretofore Exhibit his English Bill into this Court against Thomas Watkinson Clerke, Richard Brewer, Robert Stephenson, Henry Rutter Gent. Jermyn Berrier and Divers other Tennants within the Manor and Parish of Croule in the County of Lincoln Defendants. Touching a great Quantity of Waste Grounds and Lands Heretofore subject to be surrounded with water Lyeing in the County of Yorke and Being Parcel of the Lordship of Hatfield in which said Grounds and Lands the Defendants and other Tennants and Inhabitants of Croule aforesaid Did Claime Free Common of Pasture and Turbary and Liberty of Fishing and other Properties in the said waste and Surrounded Grounds and Lands, His majesty being Lord of the said manor and waste surrounded Grounds Thought fitt To Impose the said waste

« PreviousContinue »