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Description: | The Inhabitants of Killingholme Northend thinke and conceive that Willyam Booth Esquire hath noe Right for a Court to keepe within his Mannour vnles it be a Court Baron and its conceived that noe freeholder holds of him by any Rent or serve. The Townesfolkes say That he never would distrayne for Amerciaments but sued them by writts and soe forced them to compound.
But onely such freeholders as purchased eight mesuages and one Toft and 700 acres of land medow and pasture in the Northend of Killingholme from Thomas Booth of Bishopp Norton Esq; and John Booth of Killingholme his sonne and heire, they granted a Rent Charge out of their lands so purchased as an outrent to Thomas and John Booth & Covenanted that they and their heires should doe suit at Mr Booth Court.
This couenants will not binde the purchasors of these lands nor the present owners to suit the Court of Willyam Booth as is Conceiued But its true, they must pay the Rent, because it was granted out of their lands as a Rent Charge forever which the purchasors granted after the estates were perfected by Thomas and John Booth unto them
There is no other freeholders that holds of Mr Booth neyther by Rent, or service
Charles Pelham Esquire hath divers mesuages and cotages in the Northend vizt. 6. mesuages & 10 cotages, as I take it, These belong to Newsam Mannour which Newsam was a Monastery & now Mr Pelham is owner thereof, and divers of Killingholme doe suit to his court.
Mr. Barnard is seised of one Mesuage and Five oxgangs and a halfe of land on a side with the medowe and pasture thereto belonging which he purchased of Thomas Mumby and Richard Mumby his brother, Anthony Mumby father of the sayd Richard Mumby and Thomas Mumby in the 29th yeare of Eliz: did purchase the same farme of Edward Heron Esqr and John Nicholas gent' who held the same by or vnder grant from the Queene or former king of lettres patents &c And Anthony Mumby did then purchase one mesuage 18. oxgangs of land 27. acres of medowe and 7. acres of enclosed ground, Anthony Mumby gaue by his will all the sayd mesuage 18. oxgangs and premisses to Francis Mumby Tho: Mumby and Richard Mumby his 3. younger sonnes, & dyed, afterwards Francis Mumby released his 3&supd; part to Tho: Mumby and Richard Mumby, Then after that Thomas Mumby makes partition & sold some of the oxgangs of land to others, Then Mr John Barnard purchased the mesuage closes and give oxgangs and a halfe of land on eyther side, which is 11. oxgangs in all, parcell of the 18. oxgangs before mencioned, Togeather also with the medowe pasture and beast gates belonging to the farme and oxgangs &c, this holds not of Mr Booth but did hold of the King in socage as the lettres patents doth shew
There is a salt marsh called Sumeregates which adioyneth to the River of Humber & conteynes about 200. acres of ground (This originally & still is Comon ground, & when the River of Humber flowes over the bankes, or the banks breake, it is sorounded, and so also with fresh waters, & in ancient times, euery man had Comon therein (no doubt) what he pleased without number in Right of his menage or cotage vntill such time as it was stinted, how long it is, since the stint began no man can tell, the eldest liveing, haue it by tradition from their fathers, neyther is there any thing in writeing, extant, to prove it, vnles Mr Willyam Booth Lord of the Mannour of the Northend of Killingholme haue any Court Rolles, or by lawes, or paines, made with the consent of the ancient freeholders, which yf he hathe any such, he conceales them and will not shew them.
The custom is, That euery man for his house (being a mesuage or Cotage) might keepe and haue vsed to keepe 2. kine, or beasts (but no steares except under 2. yeares old) in the sayd place called Somergates, and for euery oxgang of land 2. kine, or beasts, as aforesiad, vntill Lammas. And after Lammas to put in horse or other beasts And not before, & noe more or greater number but onely euery man is at liberty to keepe horse, or beasts, for his proportion, till St. Lukes day, & after that to put in for euery howse and euery oxgang of land 10. sheepe, yf they thought fit in the time of winter vntill the xijth of March, but noe longer, and Mr Booth had no other liberty to keepe eyther sheepe, or horse, but for his proportion of houses, or oxgangs, as others had. That a peece of medowe called the Groves adioyning vpon the medowe Marsh was alwayses vsed as parcell of the sayd Somergates, & with such cattle, & in such manner as aforesaid.
That after Lamas, then, as the custom is, the Hay of the medowe Marsh being taken away and gotten by the owners, the kine, or cattle, were to be remoued out of the pasture called Somergates into the Edish of the medowe Marshes. The Custome was, that euery man which had grounds lying in a part or place of the East feild called Rosper (which lyes Rigge and furre, & Anciently was in Tillage, and part of the arrable lands should lye out and convert these grounds into pasture, To the end, that when the east field did lye fallowe Then all these grounds lying in Rosper (which are 200. acres, or thereabouts) should be vsed as a pasture for horses and beasts or draught Cattle, according to every Mesuage or ancient Cotage, & oxgang of land, proportionably, as aforesayd And that noe sheepe should come therein vntill midsomer or Lamas, or as neighbours inhabitants did agree
That after such times Then sheepe, & horses, & such cattell, to goe at large as euery man thought fit observing the stint in the whole fallowe feild
In the West field the furlong and plat called the Carre and Carre furlong was ever accustonably, layed out, & set apart, for draught Cattle, horses and beasts, according to the stint when the west feild lyes fallow, and vsed in such manner, as Rosper and the other was in the East feild
There are divers odd lands belonging to seuerall farmers Tofts & Tenements, some 6. acres some 10. acres some 20 acres or some more or some lesse, wch. never was called not accounted for oxgangs, nor could haue or Challendge any Right or Comon, or other privedge within any of the sayd pastures, feilds, or places though one man had twise as much of such lands, as did amount to an oxgang.
These customs haue ever beene used and preserved Time out of minde the freeholders & Tenants vnder euery Land lord, had a meeting, euery yeare, at or neare a place in Melborne, & there agreed, to make orders, in nature of By lawes, and soe ordered Fines to be levyed vpon those, that did not observe the same as Juryes vsually doe in a Court, & these fines and penaltyes were to be to the vse of the Towne
That Mr Willyam Booth himselfe in his first dayes, as they say, & his predecessours haue beene subiect and conformable to the same orders, & Customes, & appeared sometimes there in person, and sometimes by his Bailiffe, Mt Willyam Booth challengeth & Claimeth to haue a sheepewalke, as belonging to his manour of Killingholme, for what number he list, And it is affirmed, by many of the Inhabitants That his father or other Ancester, from whom he Claymes, desired & entreated to haue liberty onely to keepe but 10. sheepe in the feilds or pastures as the Ancients of the Towne haue it, by tradition from their fathers and their Ancestours, & will make oath of it.
Mr Booth Mannour was belonging to the Pryer of Thornton, And the Pryer had no sheepewalke (as it is sayd by tradition) but sometimes did keepe 20. 30. or 40. in the fields, which was but vpon sufferance, and not of any Right. Mr Willyam Booth being ward to the King about 40 or 50. yeares agone, his mother then pretending to haue a sheepewalk, which was resisted by some of the freeholders, there-vpon some of them, were brought into the Court of Wards, And they being but meane husbandmen & not able to vndergoe the Charges & vexacions, by such suits gaue way to them or was in some contempt, vpon which there was some order, or decree, or Iniunction for such possession, as the fathers Ancestor had, And this is the best that Mr Booth boasts on, but this will be as good as nothing, none of the Cheife Freeholders were any partyes therein. Yf Mr Booth haue any writeing, that is ancient or any record, or any grant from the King or others, after dissolution of Monasteryes & for what number, Certaine, it would be yeilded vnto in such places, as other Comoners haue, & in such manner
Mr Booth first by Reason that he was in ward, and he dwelling there himselfe being an Austere & Cruell man, against the Inhabitants as they affirmed by sueing them for trespasses & by awing them with the Court of Wards, hath by these meanes, kept sometimes more sheepe, sometimes lesse, by the space of 30. or 40. yeares, last past, and where he list, & he is list, oppressing & wronging them, by eating their grounds & Commons which his Ancestours sold away.
He will put his sheepe (vnder this pretence) into the Comon grounds called Somergates, at Lamas, and them also into the place called Rosper, which is euery mans owne freehold. And all or most of his owne ground there, he hath inclosed, & so likewise into the other pastures, in the West feild, & thus he hath oppressed the poore Inhabitants, some of them, being little freeholders, but most of them Tenants, of Freeholders, that live in other places, and they being awed by him durst neyther contradict him, not complaine of the iniuries, They rather being content to suffer, then to spend their estates, in contention
Mr Willyam Booth Grandfather father, or Ancestour from whom he claymes, sold eight mesuages 1. Toft & 700. and 40 acres of land medowe & pasture in Killingholme in the 29. yeare of Queene Elizabeth vnto others which is inioyed by Freeholders at this day, whereof 500. & odd acres, of it, was arrable land, & a fine and Recovery then sued out.
And he left himselfe but 1. farme and 4. oxgangs of land, which is but 24 acres of land in eyther feild, besides medowe, & some odd lands, and inclosures
So that he hath little Reason eyther in equity, or law, to hold any sheepewalke, yf ever he had Right to any, they Released all their Right, those lands they sold, both be deed and by fine
Mr Booth hath pulled down his mannour house & in the stables and barne, he hath set up 4. Chimneyes & turned them into 4. Cotages and giues them all Comon in the somergates, & other pastures telling the Inhabitants, That he is Tyed to none of their Customes, but as he is Lord, he will let gates gives Comons, take in gist, horses or beasts, as he thinks fit, & so hath done within these 3. or 4. yeares.
All the Freeholders desire to be advised how to right & Free ourselves from these oppressions, and wrongs & to bring Mr Booth & his tenants to a settlement therein, as law, equity, or Justice, will help vs.
Endorsed: Killingholme. . | Subjects: | Country Estates Church Of England Parishes Religion & Beliefs | Temporal: | undated | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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