Saturday, 23 January 2016

A VIEW OF FRANK-PLEDGE WITH THE GENERAL COURT BARON 2nd June 1908


NAMES OF THE JURORS. 

Mr. EDWARD COMPTON AUSTEN LEIGH, Foreman. Mr. HENRY BUNCE, Mr. EDWARD LITTLETON VAUGHAN, Mr. ALEXANDER CHARLES TUTT, Mr. SIDNEY EVANS, Mr. FREDERICK JOHN LOVELL, Mr. GEORGE GOSLING, Mr. ROWLAND BOND, Mr. CECIL HOWLETT, Mr. WILLIAM ELKINS, Mr. HENRY CALTHROP HOLLWAY CALTHROP, Mr. HENRY POWELL. 

The PRESENTMENTS and ORDERS following were taken, confirmed, and established, as well by the said Lord, as also by the consent of the Freeholders and Tenants of the said Manor, with the advice of the said Steward as follows :— 

The Jurors present that Mr. JAMES TARRANT be continued Bailiff of the said Manor. 
They present that Mr. WILLIAM MIDDLETON be Hayward of this Manor. 

The Jurors present that the railings round the Cricket pitch on the Great Common be allowed to remain as well at the will of the Lord of the Manor as of the Freeholders and Tenants of the Common. 

The PRESENTMENTS and ORDERS for the GREAT and LITTLE COMMONS, for the stint and rate of Cattle to be kept and depastured there from the First day of May, until the First day of August, and for the rate and stint of Beasts and Sheep on the Lammas Grounds, Common Fields and Commons to be kept and depastured from the First day of August to the Thirty-first day of October, and for the regulation and good management of the Commons, Lammas Grounds and Common Fields of the said Manor throughout the year made at a view of Frank-pledge with the General Court Baron, held in and for the said Manor, on Monday the Sixth clay of March, 1871, then in force were confirmed. END OF COURT.  

Below will be found a copy of the Presentments and Orders made on the Sixth day of March, 1871:

PRESENTMENTS and ORDERS for the GREAT and LITTLE COMMONS, for the stint and rate of Cattle to be kept and depastured there, 5 from the First day of May, the. time of opening the Common, until the First day Of August, viz.:— 

I. The Jurors present and order—That no Cattle shall be turned upon the Great or Little Commons, until :after Six o'clock in the Evening of the First day of May in every year.

II. They present and order—That no Freeholder, Farmer, or Tenant, hath or shall have a right to keep or feed on the said Common, but after the rate of one Beast for every five acres of land ; but if any Freeholder, Farmer, or Tenant, shall have three odd acres, then one Beast for the three odd acres which is to extend to a person having three acres only ; and likewise after the rate of one Sheep for every acre he holds : and that no Townsman, Cottager, or Resident Farmer, for or in respect of his house, hath or shall have faring or Common for more than one Beast, upon pain for every offence, after notice given of Ten Shillings to the Lord of this Manor ; and Sixpence per head to the Hayward for all above that number when Pounded : and that no person shall have a right to turn out on the said Commons any Cattle, unless such Cattle shall be his or her own property, and actually kept and used by him or her under the like penalties. 6 III. They present and order--That no Freeholder, Farmer, or Tenant, Townsman, or Cottager, bath or shall have a right to let any faring on the said Commons, from the opening of the Commons until the 1st of August, under the penalty, for every offence, of Ten Shillings to the Lord of this Manor, and One Shilling per head to the Hayward when Pounded. 
Ty. They present and order—That no Townsman, Cottager, or Resident Farmer paying rates for more than one house shall have a right to turn more than one head of Cattle on the said Commons, until after the First of August.

PRESENTMENTS and ORDERS for the rate and stint of Beasts and Sheep in the LAMMAS GROUNDS, COMMON FIELDS, and COMMONS, in the said Manor, to be kept and depastured from the First of August, to the Thirty-first of October, in manner and form, and under such penalties as hereinafter follow, viz.:—

I. The Jurors present and order—That every Freeholder and Tenant shall have a right, for every acre of his land, to keep one Sheep, and for every five acres, one Beast; and if any one of the said Freeholders or Tenants, shall have three odd acres, then one Beast for the said three odd acres; which is to extend to a person having three acres only.

II. They present and order—That if the Freeholders or Tenants aforesaid do keep any Cattle, Sheep, Horse, Oxen, or Kine, after notice thereof given by any Freeholder, Farmer, or Tenant of the Manor, or by the Bailiff or Hayward of the said Manor, contrary to the stint and rate herein expressed, then they and every of them shall forfeit every time they shall so offend, after warning given, Twenty Shillings to the Lord of this Manor, and One Shilling per head to the Hayward when Pounded.

III. It is presented and ordered by the same Court—That no Householder or Cottager within the said Town or Manor, hath a right to keep, or shall keep, above two Beasts, whereof one of them may be hired, upon the Commons, Lammas Ground, or Common Field, after the First day of August, upon pain for every Cow, or other Beast so to be kept contrary to the said order, of Ten Shillings to the Lord of this Manor, and One Shilling to the Hayward when Pounded, after warning once given.

IV. It is presented and ordered—That no Tenant or Inhabitant within the said Manor, that hath any ground, shall let his, her, or their Common Right in the Commons, Lammas Grounds, or Common Fields, unless it be to his neighbour dwelling in the said Parish, upon pain of Forty Shillings to the Lord of this Manor, for every time so offending.

V. It is presented and ordered—That no Farmer or other person shall let his or their Common for Sheep to any persons but those that have right of Common for Sheep by their land, upon pain of forfeiting to the Lord of this Manor, for every Sheep so taken, One Shilling, and to the Hayward for his pains, Fourpence for every such Sheep.

VI. It is presented and ordered—That no Householder or Cottager shall common in the said Fields until the First of August, but upon leave from the Owners thereof ; under the penalty of Forty Shillings to the Lord of this Manor, and One Shilling per head for Cattle, and Twopence per head for Sheep, to the Hayward, when Pounded.

VII. It is presented and ordered—That no Inhabitant or Dweller within the said Manor, shall graze, feed, or keep their Cattle upon any of the lanes or paths, within any of the' Fields Within the Manor aforesaid, upon pain for every time they shall be so taken, after notice given, of Five Shillings to the Lord of this Manor, and One Shilling per head for Horses and Cows, or other Cattle, and Twopence per head for Sheep to the Hayward, when Pounded.

VIII. It is presented and ordered—That every Farmer and other person, shall take their Sheep out of the Common Fields on the First of November, under the penalty of One Shilling per head to the Lord of this Manor, and Fourpence per head to the Hayward, when Pounded.

IX. It is ordered—That no person do turn any Sheep (except 12 Cribbers for the Manor Farm) on the Great Common, till Twelfth of December St. Andrew's Tide, Old Style, under the penalty of One Shilling per head to the Lord of this Manor, and Fourpence to the Hayward, when Pounded.

X. It is ordered—That no Farmer or other keep any Sheep upon the Common Meads, except the Hide and Water Slade, from the First of August until Michaelmas Day, Twenty-ninth of September, upon forfeiture, for every Sheep kept to the contrary, of One Shilling to the Lord of this Manor, and Fourpence to the Hayward ; and also to take out their other Cattle from the said Fields by All Saints, First of November, upon pain of forfeiting, for every Beast, of One Shilling to the Lord of this Manor, and Fourpence to the Hayward ; and also to take out their other Cattle from the said Fields by All Saints, First of November, upon pain of forfeiting, for every Beast, One Shilling to the Lord of this Manor, and Fourpence to the Hayward, when Pounded.

XI It is presented and ordered—That no Owner, Townsman, or Cottager in this Manor, shall have a right to Hogs or Pigs into the Commons, Common Grounds, within this Manor (except he, she, or turn more than Two Fields, or Lammas they, shall not turn on a Beast, and then to be allowed to turn on Four Hogs or Pigs) ; and that every Owner or Renter of five acres of land shall not have a right to turn in more than One Hog or Pig, and so after that rate ; and that all such Hogs or Pigs shall be rung before they are turned out, on pain of forfeiting Two Shillings per head to the Lord of this Manor, and Sixpence per head to the Hayward, for every Hog or Pig so turned out, above the rate aforesaid ; and for every Hog or Pig so turned out without being rung, as often as they shall be Pounded.

XII. It is presented and ordered also—That no Hogs or Pigs be turned into the Corn Fields until all the Harvest shall be got in, under the penalty of Two Shillings per head to the Lord of this Manor; and that no person shall suffer their Hogs or Pigs to run in the streets or lanes of this Manor without a keeper, upon pain of forfeiting One Shilling to the Hayward, when every such Hog or Pig shall be Pounded by him.

XIII. It is presented and ordered—That every Tenant, for his part and proportion against his land, shall well and sufficiently make and scour the Ditches about the said Commons, in every place where need requires, within the said Manor or Lordship, before the feast of St. Andrew the Apostle, Thirtieth of November ; upon pain of forfeiting to the Lord of this said Manor, for every Pole not sufficiently done, Four Shillings ; and thenceforth to keep and maintain the said Commons with sufficient Hedges and Ditches from time to time, as often as shall be needful, upon the like pain for every time so offending as aforesaid ; and yearly after to be made sufficiently secure by All Saint's Day, First of November, upon the like pain of Four Shillings for every Pole so neglected.

XIV. It is presented and ordered—That all out-fences of the parish be kept by those that are Occupiers of those Lands, as well after Lammas as before for the preservation of the Corn ; upon pain of forfeiture for every time, after notice given, of Five Shillings to the Lord of the Manor.

XV. It is presented and ordered—That no Inhabitant within the said Parish take in any Beast of any Foreigner, on pretence of bringing them for his own, to defraud his neighbours ; upon pain of forfeiting for every Beast so taken, Forty Shillings to the Lord of this Manor: and also every Inhabitant to set the Initials of his own name on his Beasts, that the Hayward may take notice to whom the Beasts belong ; upon pain of forfeiting, for every time, after notice given, Five
Shillings to the Hayward when Pounded.

XVI. It is ordered—That the Farmers be allowed to sow Five acres of Turnips for every Twenty Acres they hold, they keeping sufficient Fence.

XVII. It is ordered—That all in-ground be excluded, in Lammas or Common Land, from a right of Common, and that no person holding them shall have right of Common or Lammas for the same.

PRESENTMENTS and ORDERS for the Regulation and good Management of the COMMONS, LAMMAS GROUNDS, and COMMON FIELDS of the said Manor, throughout the Year.

I. The Jurors present and order—That any person, who does not pay Parish Duties, in the Parish of ETON and Manor aforesaid, and who is not clear on the books, hath, or shall have any right to Common on the Commons, Lammas Grounds, or Common Fields, in the said Manor.

II. They present and order—That no person having right of Common on the said Common, Lammas Grounds, or Common Fields, of the said Manor, hath, or shall have a right to rent more than One head of Cattle or Faring from his neighbour (except Sheep), under the penalty for every time so offending of Twenty Shillings to the Lord of this Manor.

III. They present and order—That all Farmers as well as Inhabitants of the said Manor, shall make the Hayward the keeper of their Cattle, and shall pay Sixpence for every Beast at the time of putting such Beast into the Commons, Lammas Grounds, or Common Fields, and Fourpence per head per week afterwards, as long as they shall be kept in the Commons, Lammas Grounds, or Common Fields, of this Manor : and that the Cattle be marked with the initial of the Owner before put in.
ur The Hayward is desired not to remove the Cattle from the Lammas Grounds into the Commons, until the dusk of the Evening.

IV. It is ordered—That no Geese be kept at any time hereafter upon the Commons, Lammas Grounds, and Common Fields, aforesaid, upon pain for every Goose or Gander there kept to the contrary, after notice thereof once given, of Five Shillings to the Lord of this Manor, and Fourpence to the Hayward, when Pounded.

V. It is ordered—That no person be allowed to drive Sheep through the Commons, from the gate at the Lower end of the Common to the Upper end, and from the Upper end to the Lower end; and that they take no more time than necessary in driving them across at the Upper and Lower end of the Common, under the Penalty of Forty Shillings to the Lord of this Manor, and Five Shillings to the Hayward, for every offence.

VI. It is ordered—That no person shall drive his Waggon, Cart, or any other vehicle from the Upper end of the Common to the Lower end, nor from the Lower end of the Common to the Upper end, upon forfeiture, for every time so Offending of Ten Shillings to the Lord of this Manor, and One Shilling to the Hayward.

VII. That no person shall be at liberty .to change their Cattle turned into the Commons, Lammas Grounds, or Common Fields, of this Manor, above once in every 48 hours, under the penalty of Twenty Shillings per head to the Lord of this Manor, and One Shilling per head to the Hayward.

VIII. That no person shall be at liberty to turn into the Commons, Lammas Grounds, or Common Fields of this Manor, any Stone-Horse, Rigg, Bull, or Ox, under the penalty of Twenty Shillings per head to the Lord of this Manor, and One Shilling per head to the Hayward when Pounded; nor any Distempered Cattle, under the penalty of Five Pounds per head to the Lord of this Manor, and Five Shillings per head to the Hayward.

IX. That no person shall suffer their Sheep to feed on the young clover, under the penalty of Sixpence per head to the Lord of this Manor, and Twopence per head to the Hayward, when Pounded.

X. The Jurors present—That no person or persons shall build fence, ditch, or do any act whatsoever, which shall be obstructive to the Cattle grazing on the Common, Lammas Lands, or Common Fields in the said Manor, or be otherwise detrimental to the Commonable rights and privileges of the Lord and the Commoners of the said Manor under penalty of Forty Shillings to the Lord of the Manor for each offence,

XI. It is ordered—That the Bailiff shall have the power to suspend the Hayward in his office, for neglect of duty, or for any improper conduct connected therewith. But the Bailiff shall, within six days after the charge or charges are laid, convene the Jury, who shall be eligible to appoint a new Hayward, if they consider such course necessary.

XII. It is further agreed and ordered—That the Steward of this Court may alter matters of form in these Presentments and Orders, not altering matters of substance.

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The Frank-Pledge has a history dating back to King Canute in the 11th century. Read more about its history here.

General Court Baron has a history going back to feudal times. Read more about its history here.

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