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Grounds and to That Purpose Certaine articles and agreements were made Between his Majesty and Cornelius Vermyden Esq. For the Draininge and Laying Dry the said waste surrounded Grounds, unto which said Bill some of the Defendents Before named put in their answer in Easter Term Last, And for that affadavit was made by Thomas Leavens, John Drax and others Touching the usage of Common by the said Tennants of Croule in the said Lands It was thereupon ordered by the Court The Twenty Eight Day of June in Trinity Term Last amongst other things, for so much as Concerned the Tennants and Inhabitants of the said manor of Croule That a Commisson should be awarded with articles of Instructions Thereunto Annexed unto Sr. John Wray Knight, Sr. William Pelham Junior, Knight, William Anderson Esq. and other Commissoners Elected and named by and on Behalfe of the said Defendents and Tennants of Croule. Mr. Serjeant Callis, John Estofte Esqr and John Smith Gent, or any four or more of them Being all Persons approved by the Court and Trusted indifferently and Equally to Execute the said Commisson which the said Commissoners or any four of them were to Take into The Comrs. their Consideration what Right of Common or other
Interest the Defendants and others the Tennants and Inhabitants of the said manor of Croule Had, and what Lands, and what Recompences fitt to be Given for Tennants and and in Lieu of their Said Common and other Clayme Inhabitants of Crowle. of Proffit in the said wastes and where and in what manner to be Laid out, and to Certifye their Doing therein to the Court The first return of this present Term, and if the said Commissoners shall make any agreement Between the Said Parties (as the Court hoped it would) Then it was ordered that Each of the said Parties might from thenceforth have and enjoy their respective Parts so allotted and assighned before the Certificate of the Commissoners were Returned into this Court, which said Commisson was to be Executed the Second Wedensday in August the next following the Date of the said order, as by the said Received order (amongst other things more at
The order. Large appeareth) According to which said order a
Commisson was awarded and Directed to the aforesaid Commissoners who have Executed and returned the same into this Court with a Certificate thereunto annexed under the Hands of the said Lord Viscount Ayre and Lord Viscount Castlebarr and of the said Sr. John Wray and Sr. William Pelham, Mr. Serjeant Callis, Mr. Estafte, Mr. Anderson &c. whereby it appears that the
said Commisson was Executed by the said Commissoners the Twelfth Day of August Last Past in the presence and with the allowance and approbation of the said Lord Viscount Ayre, and Lord Viscount Castlebarr and
thereby they doth Certifie that they have viewed the said Late surrounded Grounds Belonging to the said Lordship of Hatfield in the County of Yorke in which the said Defendants, Tennants, and Inhabitants of Croule Did Claim Common as aforesaid, and Did Informe themselves as well by the Testimony of Good and Lawfull men Produced and sworne as wittnesses in the said Cause, as also by the view of them the said Commissoners and Divers and sundry words and Deeds Perambulations and by other evidences Touching the said wastes and Commons with the Quantitys and number of acres, And of the True antient Known meets and Boundarys Thereof And of the new Rivers Dykes and Streams Lately Cast and made for the Draining Thereof, wherein the said Commissoners do Certifie That the undertakers of the Draining of these Grounds had to their Great and Excessive Costs and Charges and Labours made and Cast many Large Drains 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 of which small Proffit was made before, But since the Casting of Drains and Streams and since the Erecting of many sluices the said Grounds are not only made Beneficiall for the Commoners and owners Thereof in particular But the said works and the good wrought Thereby Tendeth (as the said Commissoner Conceive) To the Proffit and Good of the Commonwealth in General And the said Commissoners Do further Certifye That They Did find by the Testimony and Depositions of Divers wittnesses Read unto them so farr and in those Parts where the Precincts of the wastes and Territorys of the Lordship of Hatfield and of the said manor of Croule Hatfield. Do abutt and Joyne one upon the other, The same are Bounded out by the old River of Dunn which Runneth Betwixt the same and which in those parts also is the very Dunn River. True Boundary of the Countys of Lincoln and Yorke. And that there be Three Great Wastes and Common Grounds Scituate and Lyeing in the Lordship of Hatfield Beyond on the West side of the said River called Called and Known by the several names of Northtofts, Haynes and the Grounds Lyeing between the said Haynes and Duckling Ledge. called Haynes Plains, which said Three parcels of Ground are of the several Quantatys, as the said Commissoners were Credibly Informed, That is to say The said Northtofts Doth Contain about Three Hundred and seaventeen acres The Haynes Twelve Hundred acres and the said Grounds Lyeing Betwixt the Moorhouse and Duckling Ledge acres and Because the Lords and owners of the said manor of Croule (That is to say) Sr. Jervise Elwis, Jeremy Elwis and Nicholas Hammerton Esqrs, who since the said Contract and under
Lords and owners of the manor of Croule
same of the
city of London
Free and Copyhold Tenants of
purchased the takeing of Draining and Improveing of the said wasts Purchased the said manor of Croule from the city of to whome his London To whome his majesty had Lately before Conmajesty had veyed and assighned the same, Did Claime some lately before Pretended Title to the Freehold of the said Grounds conveyed the called the Haynes the Northtofts, and because The Tennants as well Free as Copyholders of the said manor of Croule Did Callendge and Claime Comon of Pasture and other Liberties and Proffits as aforesaid in the said Three Parcels of Ground Lyeing within the Lordship of Hatfield The said Commissoners Did therefore Hear the Claimes and Evidences at Large of the several Persons Interested in the presence also of the said Lords, By which the said Lords, Tennants and Parties Interested made their severall Claims and Challendges, and after Long Hearing and Debateing of the said Claimes and Agreement Differences Touching Right of Common and other Composition Libertys and Proffits as aforesaid An Agreement and Composition was made with them in manner and Form Following.
That is to Say, That his majesty and the said Vermyden Sr. Cornll. Vermyden, his Highneses Grantee of the &c. discharged said Lordship of Hatfield should for ever be freed of Comon. Exhonorated and Discharged of Common and of all Tennants of manner of Interest which the said Tennants of the the manor said Manor of Croule Could or might have or Claime of Croule. or Challenge to have in the said Northtofts Haynes and the Grounds Lyeing betwixt the Moorhouse and the Dukelinge Ledge and in Consideration thereof (That the Free Tennants The Free and and Copyhold Tennants ot the said manor of Croule Copyhold should have the Possession Freehold and Inheritance Tennts. of of the Six Hundred and Fifty acres of Ground To be Croule should sett out from the Blackwater and Southward in the have the County of Yorke and the four Hundred acres Ressidue of 650 acres thereof. To be Likewise surveyed measured and Laid in the County out for Conveniency next adjoyning to the said Two of Yorke. Hundred and Fifty acres, The said four Hundred acres to be Conveniently Laid out of the Turff moors in the County of Yorke also, of which said Six Hundred and Fifty acres The said Commissoners agreed That the said Defendants Tennants Commoners and Inhabitants of Crowle might Take Conveyance in the name of Feofes or Grantees in Trust for the Use and Benefitt of themselves and all the Tennants and owners in the said Manor of Croule or otherwise the said Certificate to be of none effect, and it was further Certifyed that every acre of the said Two Hundred and Fifty acres are yearly worth Six shillings and every acre of the said Four Hundred acres is Yearly worth four pence an
acre and by the Robt. Pindar junior and
Tho. Williamson of
Estofte admitted Comoners in the 650 acres.
and for their use
Fishings held of the Lord of the
Consent of the Commoners of Croule The said Commissoners Did order Robert Pindar junior and Thomas Williamson of Estofte in the County of Lincoln yeomen To be admitted to be Commoners with them in the said allotments (as was formerly used) and the said Conveyance to be Taken in Trust as aforesaid to be Likewise to and Benefitt, And because by the Draining of the said Great wasts The Fishermen of Croule who had Copyhold Fishings in the said wastes had manor of Croule by allmost Lost their Fishings, The said Comcoppy of court Roll. missoners Did allott and assighne unto such Persons as have Copyhold Fishings Belonging to them respectively, One Hundred acres one Hundred acres of ground To be Laid out in alloted in Lieu of the wasts of Croüle To goe and be Continualy to those Fishings and the occupiers and owners of such Fishings and called the Fishing Because Equal Right shou'd be Done to the Grounds to this day. owners of the said Fishings the said Commissoners Required John Estofte, William Anderson and Robert Ryder Esquires to allow to the owners of the said Fishings out of the wasts of Croule such Propcrtion Rationally as they or any Two of them should sett Down Limit and appoint, And the said Refferees ever Required to Lay and Sett out the said one Hundred acres accordingly and such Conveyances to be made thereof as Councell Learned should advise And that the owners and Possesors of the said one Hundred acres in Lieu of their several Fishings should satisfie and pay to the Lords of the Fishings usual values and Yearly Rents which have been usually paid unto the Lords and owners of the said Rents Due for Fishing heretofore And further the said Commissoners Did Certifie That according to their said Commisson they had Caused the said wasts and Commonable Late Surrounded Grounds in Croule to be Carefully surveyed and to be Divided into Three Several Parts, Part of the Best and Part of the worst being put into every of the said Three parts pro
As to Croule
Principal Commoners of Croule.
portionably to make them Equal. And many of the Principal Commoners of Croule being Called to Hear and See the same. The said Commissoners by the Consent of the said Tennants and Commoners Did assighne and alott.
To the said Sr. Cornelius Vermuyden his Heirs 658 acres allotted to Sr. Cornll.Vermuyden and assighnes for the Third Part Six Hundred and his Heirs &c. and Fifty and Eight acres parcell of the said and he and they are wast grounds in Croule to be Held and enjoyed discharged from all by Him and them for ever Hereafter in severalty Right of Common &c. Discharged and freed from all Commons of Pasture Fishings and other Interests which the said Tennants and Commons
of Croule or any Claiming from by or under them or any of them
maintain the Draynes, sluces Bridges etc. For
Acres at the least
are to be held and enjoyed by the Inhabitants of
Croule in Comon as formerly they
have been used &c.
Decree on the Consent of Hen. Rutter in Behalf of himself and in the name of the rest of the Inhabitants of Croule.
Court with the assent of the aforenamed Henry Rutter Gent. one of the Defendants and a Tennant and Inhabitant of Croule aforesaid who Being Present in the Court Doth assent as well for Himselfe as in the name and for all the Residue of the Tennants and Inhabitants of the manor of Croule That the said Certificate being in all things ordered and Decreed Ratified and Confirmed by this Court, And that according to the said Certificate His Majesty his Heirs and assighnes and his and their Grantee or Grantees of the said Lordship of Hatfield Be from henceforth for ever Hereafter absolutely freed and Discharged of Common and of all Interest, which they now or any of the succeeding Tennants and Inhabitants