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Inclosure Award for Kirby Misperston 1703

Whereas by certain Articles of Agreement Indented Tripartite made the one and twentieth day of December in the first year of the reign of our new Sovereign Lady Queen Anne in the year of our Lord one thousand seven hundred and two Between Charles Baron de Blombergh and Dame Elizabeth his Wife of the Manor and Lordship of Kirbymisperton alias Kirby-overcarr in the County of York of the first part Leonard Conyers Clerk Parson or Rector of Kirbymisperton aforesaid on the second part and William Jarrat of Scarborough in the said County of York Gentleman and Elizabeth his Wife as well on their own behalfes as the said Elizabeth Mother and Guardian for and on the behalf of Samuel Waynd an Infant her son John Waynd of the said Parish of Kirbymisperton in the said County of York Gentleman Isabel Monkman and Elizabeth Surr both of Kirbymisperton aforesaid Widows Freeholders of several Lands and Grounds lying within the Parish of Kirbymisperton aforesaid on the third part

The parties above named for the better improving of their several and respective Estates and Interests in the Lands and Premises in the said Articles of Agreement mentioned have mutually and reciprocally agreed amongst themselves to an Inclosure land to make division to lay each parties share in severalty of all the Lands and Grounds uninclosed whatsoever (they the said parties being all interested therein) lying and being within the said Lordship of Kirbymisperton which belong as well to the Rectory of Kirbymisperton aforesaid as Glebe Land as to the aforesaid owners of the said Manor and Lordship and the said Freeholders for the better effecting of the same

It was thereby mutually commanded and agreed upon by the said Charles Baron de Blombergh William Jarrat and other the freeholders parties to the said Articles and the said Leonard Conyers

That there should be yearly paid to the said Leonard Conyers and his successors by the said Charles Baron de Blombergh and his heirs in lieu and full satisfaction and discharge of all Tythes whatsoever great and small growing arising renewing or happening within the said Lordship of Kirbymisperton the yearly sum of eighty pounds or yearly sum of seventy four pounds as in the said Articles mentioned such composition to be raised out of all the Lands within the said Lordship (Glebe Lands excepted) in manner as in the said Articles of Agreement is particularly mentioned and agreed unto which the said Leonard Conyers in consideration of the great improvement thereby made to the said Parsonage or Rectory did covenant to accept of

And whereas the said Charles Baron de Blombergh and other the Parties to the said Articles having mutually agreed to nominate and appoint Benedict Horsley of the City of York to survey the said Lands

He the said Benedict Horsley hath actually surveyed the same and they the said Charles Baron de Blombergh and other the Parties to the said Articles nominated and appointed James Hebden of Aythrop Park in the County of York Gentleman and John Coates of Swinton in the said County Gentleman and John Kirkby of Thornton in the said County Gentleman Commissioners to set forth and divide the said Lands and also authorized and empowered the said James Hebden John Coates and John Kirkby to allot set forth and Assign the said Lands to the respective parties to the said Articles by meets and bounds as also to set out all and every the ways fences and other matters necessary for the perfection of the said intended inclosure

The said Commissioners to make their award concerning the Premises before certain days and times in the said Articles mentioned as by the said Articles of Agreement relation being thereunto had more fully may appear

And whereas the said Parties to the said Articles by a Deed under their Hand and Seals bearing date the four and twentieth day of April last past one thousand seven hundred and three have enlarged the time for the said Commissioners in the said Articles named to make their award touching the matters therein referred to them to the nine and twentieth day of September then and now next ensuing as by the same Deed or Writing may and doth also appear

Now know all men that we the said James Hebden John Coates and John Kirkby in pursuance of the authority given and trust reposed in us after a strict and exact valuation taken by us and be the Freeholders of the said Town of Kirbymisperton alias Kirby-overcarr of all the Lands intended to be inclosed and improved and due regard had to the quality thereof do by these Presents (with the consent of all the persons interested in such division and Inclosure as aforesaid agree order determine allot set forth and Assign the said Lands and Premises aforesaid to be held and enjoyed in severalty by all and every the said parties above mentioned in manner and in the proportions hereafter mentioned and expressed

That is to say first

Whereas it is also agreed between the said Charles Baron de Blombergh and the said Leonard Conyers

That the said sum of eighty pounds or seventy four pounds to be paid in lieu and full satisfaction of all Tythes as in the said recited Articles is mentioned shall be paid by two equal payments in the year at the two Feasts or days of payment hereafter mentioned (viz) on the first day of May commonly called Philip and Jacob and the Feast of St. Martin the Bishop in Winter or within forty days after each Feast

And the said Charles Baron de Blombergh having about the said first day of May last past paid unto the said Leonard Conyers the sum of forty pounds for the first half yearly payment in pursuance of the said Agreement and Articles as above mentioned We do therefore hereby order declare and appoint the said sum of eighty pounds or seventy four pounds to be so paid accordingly for ever hereafter to the said Leonard Conyers and his successors by the said Charles Baron de Blombergh and the said Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth

We do also agree award order allot set forth and Assign unto the said Leonard Conyers Parson or Rector of Kirbymisperton aforesaid and to his successors four and twenty acres two roods and nine perches of Land according to the survey be it more or less as it is now bounded and set out lying in the Kinner Cliffe Field abutting on Little Barugh Lane on the South Barugh Town Green on the West on a Close called Gable Sykes on the North and the Lands of the said Charles Baron de Blombergh and Dame Elizabeth his Wife on the East

And we do further order and award that the fences or ditches thereof on the West abutting on Barugh Green aforesaid and the Old Fence on the South abutting upon Barugh Lane aforesaid shall be maintained set and made at the proper Costs and Charges of the said Leonard Conyers and his successors and the fence on the East end thereof by the said Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so to be maintained and kept up for ever

Also fifteen acres three roods and six perches of land according to his survey be it more or less as it is now bounded and set out lying in a place called Hopercross in Hungerill Field next adjoining to the highway leading from Kirbymisperton to Barugh on the North a Close called West Coate Close on the East the Lands of the said Baron de Blombergh and Dame Elizabeth his Wife on the South and the Lands belonging to the Lordship of Barugh on the West

And we do further order and award that the said Leonard Conyers and his successors shall maintain and repair the old fences and ditches on the West end and Noth side thereof and make and maintain the fence on the South side and East end thereof and so shall be repaired and maintained for ever

Also two and thirty acres and two roods of land according to the survey be it more or less as it is now bounded and set out lying in Kinner Cliffe Lane Carr Green and Kinner Cliffe Field next adjoining to a Close called George Russellís Close on the East on the Lands hereby allotted and set out to the said William Jarratt and Elizabeth and the said Samuel Waynd on the West on the Lands of the said Leonard Conyers which are hereby allotted to his share called the Carr Mouth on the North and the highway leading from Barugh to Kirbymisperton on the South

And we do further order and award that the fences or ditches on the South and North end and West side thereof shall be set and made at the proper cost and charges of the said Leonard Conyers and his successors and maintained and kept up forever

Also four and forty acres and three roods and thirteen perches of land according to the survey be the same more or less as it is now set out and bounded lying in a place called the Carr Mouth and West Paddock adjoining on the said Lands called Kinner Cliffes on the South the Carrs called Mill Carrs on the East and Lands of the said Baron Blombergh and Dame Elizabeth his Wife on the North and West

And we do further order and award that the fence or ditch on the West side thereof shall be set and made at the proper cost and charges of the said Leonard Conyers and his successors on the North end and East side thereof at the proper cost and charges of the said Baron Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so shall be maintained and kept up for ever

To have and to hold all the said Lands Grounds and fences above mentioned allotted and set forth for the share of the said Leonard Conyers (as present Incumbent) and to his successors aforesaid to the Leonard Conyers and his successors for ever in lieu and full satisfaction share part and proportion of and for all and every the Lands grounds and fences whatsoever lying within the several fields precincts and Lordship of Kirbymisperton aforesaid belonging to the said Parsonage or Rectory as the Glebe Lands and also in full satisfaction and discharge of all common right Beast or Pasture Gates in any the Moors Carrs Ings Stotfold Lands grounds or Commons whatsoever within the said Lordship as belonging to the said Rectory

Secondly

We also award allot set forth and Assign unto William Jarrat and Elizabeth his Wife and Samuel Waynd fifteen acres and one perch of land according to the survey be it now more or less as it is now bounded and set out lying in the Bridge Field next adjoining to the Bridge Lane on the North Costa Beck on the East the Bridge Closes on the West and the Lands of the said Baron Blombergh and Dame Elizabeth his Wife on the South

And we do further order and award that the fence or Dike on the North side or end thereof shall be maintained and repaired at the proper cost and charges of the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd and the heirs and Assigns of the said Samuel Waynd and the fence or ditch on the South or end thereof shall be made and repaired at the proper cost and charges of the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so maintained and kept up for ever

Also twenty acres of land according to the survey as it is now set out and bounded be it more or less lying in the Out Inholmes (except about half an acre thereof in the In Inholmes) in the Hungerill Fields abutting on the highway leading from Kirbymisperton to Barugh on the North the In Inholmes on the East the Hungerill Headland on the South and Selley Butts and West Land headland on the West

And also the said Hungerill headland as far as the Out Inholmes goes

And we do further order and award that the fences or ditches on the West side and North end thereof shall be set and made at the proper cost and charges of the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd and the heirs and Assigns of the said Samuel Waynd and the fences or ditches on the East side and South end thereof shall be set out and made at the proper costs and charges of the said Baron Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so shall be repaired and maintained for ever

And also that the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd and the heirs and Assigns of the said Samuel Waynd shall set or make a new fence or ditch from the Out Inholmes leading from the East end of the Barn belonging Mr. Jarratt and the said Samuel Wayndís farm and shall also have one half of William Harrisonís Garth as it is now bounded and set out taken of the yard leading from the said Barn for a highway to the Out Inholmes

Also another little yard called Ellis Yard containing about half an acre lying on the West side of William Jarratts Yard and also said Yards in breadth to be taken from the West end of Ellis his Yard reserving a way to Baron Blombergh and Dame Elizabeth his Wife their heirs and Assigns for ever to the Inholmes

Also eighty two acres of land according to the survey as it is now bounded and set out be the same more or less lying in Kinner Cliffe Field abutting on the Kings Street leading betwixt Kirbymisperton and Barugh on the South the Pasture called the Carr on the North the Lands of the said Baron Blombergh and the said Dame Elizabeth his Wife on the West and the Lands of the said Leonard Conyers on the East

And we do further order and award that the fences or ditches on the South and North ends thereof shall be set and made at the proper Costs and Charges of the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd and the heirs and Assigns of the said Samuel Waynd and the fence or ditch on the West side thereof shall be set and made at the proper cost and charges of the said Baron Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so shall be maintained and kept up for ever

Also one land belonging to the said Baron Blombergh and Dame Elizabeth his Wife lying within the old Inclosure called Bridge Close belonging to the to the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd some or one of them shall be allotted and laid to and be enjoyed with the share of the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd

To have and to hold all the said several grounds last above mentioned (and hereby allotted and Assigned for the part and share of the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd) unto the said William Jarratt and Elizabeth his Wife for the life of the said Elizabeth and after her death to the said Samuel Waynd his Heirs and Assigns for ever which said several last mentioned lands grounds and fences so allotted and Assigned unto the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd as afore is mentioned are in lieu full satisfaction and recompense of all lands pastures meadows grounds and fences which the said Elizabeth the Wife of the said William Jarratt or he in her right and the said Samuel Waynd or any of them have or may claim to have in any of the Lands fields Grounds Commons Wastes Carrs Stotfold or Moores that are as yet uninclosed and by the said Articles are intended to be inclosed within the Lordship Manor precincts and territories of Kirbymisperton aforesaid and of all common right Beast and Pasture Gates which they the said Elizabeth the Wife of the said William Jarratt or he in her right and the said Samuel Waynd or any of them have or may claim to have in any the Moors Carrs Fields Pastures or Common as belonging to any the Messuage Cottages Lands or Tenements of them the said Elizabeth Wife of the said William Jarratt and of him in her right and the said Samuel Waynd or any of them within the said Lordship of Kirbymisperton aforesaid and the precincts thereof

All which Lands above mentioned shall be charged or chargeable with the payment of the yearly rent or annual sum of eight pounds eight shillings and ten pence to the said Charles Baron de Blombergh and the said Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth for ever in full for the share part and proportion of the said Lands towards the raising the said sum of eighty pounds or seventy-four pounds agreed to be paid to the said Leonard Conyers and his successors for ever in lieu and satisfaction of Tythes as aforesaid to be paid at the feasts or days of payment as hereinabove is agreed upon mentioned and appointed for the payment of the said sum of eighty pounds or seventy four pounds by the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth to the said Leonard Conyers and his successors or within forty days after each feast or day of payment

Thirdly

We do also allot award order set forth and Assign unto the said John Waynd one acre of ground according to the said survey be the same more or less in a place called Coate Green or Moore Green adjoining or near to the house of the said John Waynd wherein he now lives within the Township of Ryton within the Parish of Kirbymisperton aforesaid lying next to the Lands of the said John Waynd on the South on the Lands hereby allotted to the said Isabel Monkman to Alice Bielby and Mary Johnson on the West the Lands of the said Baron de Blombergh on the North and East and we do order and award that the said John Waynd his heirs and Assigns shall maintain and keep up the old fence on the East side thereof

To hold to the said John Waynd his heirs and Assigns for ever in lieu recompense and full satisfaction of and for all lands grounds and fences which he the said John Waynd now hath or may claim to have in any the lands and fields of Kirbymisperton aforesaid by the said Articles of Agreement agreed or intended to be inclosed and of all common right Beast or Pasture Gates which he the said John Waynd hath or may claim to have in any the Moores Carrs fields Pastures Stotfold or Commons as belonging to any of the Messuages Cottages Lands or Tenements of him the said John Waynd within the said Lordship of Kirbymisperton aforesaid and the precincts thereof which said one acre of land above mentioned shall be charged or chargeable with the payment of the yearly rent or annual sum of one shilling to the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth in full for the share part and proportion of the said one acre of land towards raising the said sum of eighty pounds or seventy four pounds agreed to be paid to the said Leonard Conyers and his successors in lieu and satisfaction of Tythes as aforesaid to be paid at the feasts or days of payment as hereinbefore mentioned (viz) at the feast of St. Martin the Bishop in Winter and the first day of May commonly called Philip and Jacob or within forty days after each feast by even and equal portions the first payment to be made at Martinmas after the date hereof

Fourthly

We do allot set forth and Assign unto Isabel Monkman Alice Bielby and Mary Johnson two acres and an half of land according to the said survey be the same more or less as it is now meeted and set out in a Close called Coate Green Close abutting on the Common Lane leading to the Moore and Moore Green on the East the Lands of John Waynd on the South Pitmare Close belonging to the said Baron de Blombergh and Dame Elizabeth his Wife on the West and a Close called Pittmare Close belonging to the said Samuel Waynd on the North

To have and to hold the said two acres and an half of land to the said Isabel Monkman and to Alice Bielby in their respective interests and to Mary Johnson of New Malton in the County of York her heirs and Assigns for ever free and clear of and from payment of all manner of Tithes great and small in severalty charged with a yearly payment or yearly rent thereout of seven shillings for ever to the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth by two equal half yearly payments as above said or within forty days after the first half yearly payment to be made at Martinmas next ensuing (two shillings of the said sum of seven shillings so to be paid as aforesaid being in full for the share part and proportion of the said two acres and an half towards raising the said yearly sum of eighty pounds or seventy four pounds so to be paid to the said Leonard Conyers and his successors in lieu and full satisfaction of all Tythes as in the said Articles is mentioned and the remainder thereof being the sum of five shillings is to be paid for equality of the division for the said two acres and half of land hereby allotted and Assigned to the said Isabel Monkman Alice Bielby and Mary Johnson as aforesaid which said two acres and half of land shall be in lieu recompense and satisfaction of all Lands of the said Isabel Monkman Alice Bielby and Mary Johnson in any of the fields or territories of Kirbymisperton aforesaid by the said Articles intended to be inclosed and of all right of Common which they may have or claim to have in any of the Commons Wastes Moors and Carrs Beast or Pasture Gates thereon within the said Lordship Manor precincts and territories of Kirbymisperton aforesaid

Fifthly

We do allot set forth and Assign unto the said Elizabeth Surr three acres of land taken from a parcel of ground called Blackman Butts in Hungerill Field with part of the headland thereto adjoining on the said three acres are now bounded and set out (to wit) a Close called Blackman Close on the South West part and the Lands of the said Baron Blombergh and Dame Elizabeth his Wife on all other parts thereof

And we do further order and award that the said Elizabeth Surr her heirs and Assigns shall set and make the fence or ditch on the South and East sides thereof at her and their own proper costs and charges and that the fence on the North and West thereof shall be set and made at he proper cost and charges of the said Baron Blombergh and the said Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth and so shall be maintained and kept up for ever

To have and to hold the said three acres of land Tyth-free to the said Elizabeth Surr her heirs and Assigns for ever in lieu recompense and full satisfaction of all the Lands and Grounds which the said Elizabeth Surr now hath or claimeth to have in all or any the fields precincts or territories of Kirbymisperton aforesaid by the said Articles agreed and intended to be inclosed and of all right of Common which she the said Elizabeth or her heirs may have or claim to have in any the Commons Wastes Carrs and Moors within the Lordship Manor precincts and territories of Kirbymisperton aforesaid and of all Beast or Pasture Gates thereon the said three acres of land to be for ever charged with the yearly payment or yearly sum of three shillings fourpence one farthing to the said Baron Blombergh and the said Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth for ever at the two feasts or days of payment hereinbefore mentioned towards raising the said sum of eighty pounds or seventy four pounds to be paid to the said Leonard Conyers as above mentioned

Sixthly

We do agree award order determine allot set forth and Assign to the said Charles Baron de Blombergh and Dame Elizabeth his Wife and to the heirs and Assigns of the said Dame Elizabeth for their share and proportion of the several lands in and by the said Articles of Agreement agreed and intended to be inclosed all the rest and residue of all other fields lands Commons fences walls Moors Carrs Ings Stotfold the Stone and Carr Paddock and all other the pastures and grounds whatsoever within the Lordship Manor Town precincts fields and territories of Kirbymisperton aforesaid not hereinbefore already limited appointed and set out for the several shares and proportions of the said Leonard Conyers William Jarratt and Elizabeth his Wife the said Samuel Waynd John Waynd Isabel Monkman Alice Bielby Mary Johnson and Elizabeth Surr

To hold to the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth for ever all which said Lands and grounds intended and agreed to be improved and inclosed and hereby Assigned and allotted in manner aforesaid are more plainly described in the plate or map thereof hereunto annexed

Seventhly

Also whereas there hath been heretofore an ancient customary payment of twopence a house for every house within the Township of Kirbymisperton yearly paid by the Inhabitants there to the Owners of a lane or piece of ground lying next to the hedge on the West side of the Closes called the Abbott Garths in Kinner Cliffe Field leading down to the Carrs which the said Lane or piece of ground heretofore belonged to the said Samuel Waynd for which he hath other Lands allotted to him in the said fields of much greater worth and value in satisfaction thereof (and which said Lane or piece of ground is hereinbefore allotted and appointed for part of the share and proportion of the said Leonard Conyers and his successors in the said Lands and Grounds agreed and intended to be inclosed as aforesaid we do therefore agree order determine and award that the said houses or Inhabitants of the said Town of Kirbymisperton aforesaid shall be for ever hereafter freed and discharged from the said payment of two pence a house

Eighthly

We do further award order and appoint that all and every the said parties to the said Articles and their several and respective Tenements shall have liberty to take of and carry away their several growing crops of corn now sown and their hay this year growing in the Bridge and Hungerill fields

Ninthly

We do also further award and appoint that if the said Charles Baron de Blombergh and the said Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth the said Leonard Conners and his successors or any of the said respective Freeholders and their respective heirs shall at anytime hereafter make any subdivisions of those parcels of ground to them respectively assigned the respective person so subdividing shall have liberty to make fences and set up rails so as to make such Inclosures perfect without any disturbance of any other person or persons whose lands or premises the said fences or rails shall abutt upon and extend to doing no damage thereto

Tenthly

We do also award order and appoint that there shall be for ever hereafter a footway leading from Barugh to Kirbymisperton up the fifteen acres three roods and six perches in the Hopercoss allotted to the share and proportion of the said Leonard Conyers and his successors as aforesaid there being an allowance of ground given for the same to the said Leonard Conyers and his successors within the said fifteen acres three roods and six perches

Eleventhly

Whereas it is alleged and insisted upon by the said Leonard Conyers that there may want water convenient for watering cattle in the forty four acres in the Carr or in his Kinner Cliffe allotted to the share and proportion of the said Leonard Conyers and his successors we do therefore hereby order and award that if after what endeavours may be used by the said Leonard Conyers and his successors and by the said Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth that no such convenient watering for cattle can be there had then the said Leonard Conyers and his successors shall have liberty to go the nearest way with his or their cattle from the said four and forty acres through the Grounds of the said Baron de Blombergh and Dame Elizabeth his Wife to the River of Costa as often as need requires for the watering the said cattle

Twelfthly

We do order and award that all the fences herein as above allotted and set out as belonging to the several shares and proportions of land to the several persons and parties hereby allotted shall be made sufficient fences by every the said respective persons on this side and before the first day of May next ensuing the date hereof

Thirteenthy

We do also order and award that all and every the parties to the said Articles mentioned or therein concerned shall enter upon and enjoy his her and their several shares and proportions of land as herein is above awarded set out and allotted to them severally immediately from the time of sealing and executing hereof

Fourteenthly

We do also award and appoint that the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd or the heirs of the said Samuel Waynd shall bear and pay an eighth part of the whole charge to be divided into eight parts and the said Leonard Conyers or his successors shall bear and pay a tenth part of the whole charges to be divided into ten parts and the said Baron de Blombergh and the said Dame Elizabeth his Wife or the heirs of the said Dame Elizabeth shall bear and pay all the rest of the whole charges and expenses in and about the surveying and dividing of the said Lands within the said Lordship such charges in writings drawing & in the business as Mr. George Conyers of New Malton shall give a bill of and all such charges and expenses as shall be in procuring and obtaining an Act of Parliament or Decree for the confirmation of this our Award

Fifteenthy

We do order and award that the ancient highroads leading from Newsham Bridge through the Lordship of Habton to the Town of Kirbymisperton and so to Kirbymisperton Bridge that leads to Pickering Carr the road from the Town of Little Barugh to Kirbymisperton and the road leading from Kirbymisperton down Hungerill Lane over the Moore head to the Market Town of New Malton shall be maintained and repaired as formerly they have been and also we do further order and award that there shall be a footway for ever hereafter at the choice and election of the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth over the forty four acres three roods and thirteen perches in the Carr Mouth lying next to the Carr Dyke allotted to the share and proportion of the said Leonard Conyers and his successors and over the Kinner Cliffe Ends adjoining on the Carr Dyke hereinabove allotted to the said Leonard Conyers and his successors and to the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd leading from the Town of Kirbymisperton to the remaining part of the said Carr and to a parcel of ground called the Stone allotted to the share and proportion of the said Charles Baron de Blombergh and Dame Elizabeth his Wife and the heirs and Assigns of the said Dame Elizabeth

And lastly

We do order and award that the said William Jarratt and Elizabeth his Wife and Samuel Waynd and the heirs and Assigns of the said Samuel Waynd shall have a way as formerly for cart and carriage from the Town of Kirbymisperton over Hungerill Field to Pittmare Close belonging to the said William Jarratt and Elizabeth his Wife and the said Samuel Waynd until a convenient way be made and found out to the said Close according to the approbation and judgement of John Hill of Thornton Esqr.

In witness whereof we the above named James Hebden John Coates and John Kirkby have hereunto set our hands and seals the eighth and twentieth day of September in the year of our Lord God 1703

Sealed and delivered in the presence of

Memorandum

And it is agreed and declared at the sealing and delivery hereof by of the within named Commissioners and so ordered and appointed

That if the within named Leonard Conyers or his successors shall at anytime hereafter keep up the flight of pidgeons so that there shall be only paid to the said Leonard Conyers or his successors the sum of seventy four pounds per annum in satisfaction of Tythe as within mentioned

That then the said within Jarratt and Elizabeth his Wife and the said Samuel Waynd and the heirs and Assigns of the said Samuel Waynd shall only pay the sum of seven pounds thirteen shillings and ten pence for their proportionable share of the said sum of seventy four pounds so to be paid as aforesaid

Witness hereof

Exhibited before me at the Vestry Room in Kirbymisperton this 19th March 1842

JM Matthew
Assist. Tithe Commr.

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