BOOK NUMBERED 10.

FROM 1 MAY 1809 TO 1ST SEPT. 1813.

The Manor of Wimbledon in the County of Surry.

The view of Frankpledge of our Sovereign Lord the King, with the General Court Baron of the Right Honorable George John Earl Spencer Knight, of the Most Noble Order of the Garter, Lord of the Manor aforesaid, held at the Red Lion Inn at Putney, within the said Manor, on Monday the first day of May, in the forty-ninth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of the United Kingdom of Great Britain and Ireland, King Defender of the faith and in the year of our Lord one thousand eight hundred and nine: Before William Pembroke Esquire, Deputy Steward of the said Manor.

(P. 34.)

[COURT BARON MAY 1809.]

[Proceedings taken against John Weaver and others] the Lord of the Manor, in order to prevent the rights of his Tenants as well as his own free rights, being invaded by the trespasses repeatedly made on the Commons [stopped upon acknowledgement of the fact, &c.].

(P. 35.)
Certain regulations drawn
up by Roger Pettiward,
Esq., in the absence of
the Steward, in the room
where the Court Baron
was held: recorded with
the consent of all the
Homage in the Rolls.

Also at the Court certain regulations were drawn up by Roger Pettiward, Esquire, in the Court Leet Room, whilst the Steward was engaged in the Court Baron and the rest of the Homage as to the rights of the tenants of the Manor; which being delivered to the Steward for inspection, was at their request recorded on the Rolls in the following words :-"It having been represented to this Court that divers trespasses have been committed upon the several commons within this Manor, by digging of gravel and loam, cutting turf, furze, &c., without any authority from the Lord, or the consent of the copyholders of this Manor, whereby their rights have been materially infringed and invaded by such illegal practices, We, the Jury of this Court, do recommend to the Steward to issue such orders in future, to the several Common keepers within this Manor as to prevent any person or persons, who are not copyholders, and in whom only we conceive the right of common to be vested, to restrain them from such proceedings in future. And the Court here declare it as their opinion

Homage opinion as to that no commoner has a their own rights. S right to put on the com

That the same should be restricted and confined, and the cause of such regulation, and the purpose thereby intended.

mon an unlimited number
of cattle. His right of
common, we conceive,
must be confined either to
his cattle levant or cou-
chant on
on his land, by
which is meant so many

cattle as his land can maintain in winter, or to a cer

tain number.

If he claims of Turbary, or Estovers, his claim must be confined to the right of digging turf or peat, or of taking wood to be burnt and consumed in his own house, and not elsewhere. And this Court declare it explicitly as their opinion, that no one can dig turf or cut wood and sell it; nor has he any power to make any regulation respecting the sale of it; so it is of a privilege to dig gravel on the Lord's waste. A commoner can only dig so much gravel as is necessary and wanted for his own land; and that boards be set up at the entrance to the different commons within this Manor warning all persons from being guilty of the said practices; and it is also recommended to the steward of the said Manor to take Recommendation to the) such measures as he may Steward to enforce the think necessary to carry the resolutions of this Court into full execution, and for the preservation of the rights and privileges of the Lord and the tenants of this Manor.

same.

The Steward's perfect concurrence therein, and his declaration as to the mode he intended to adopt, to give the said resolution due effect.

}

The Steward of the Court, having signified that the said resolution of the homage, had his entire concurrence; the same was directed to be recorded on the Rolls, and the Steward undertook before the next annual Court Leet, that a General Court Baron should be held at all the Towns within the Manor, and the Copyhold tenants therein summoned, for the particular purpose to ascertain in what manner, to preserve the soil to the Lord, and qualified herbage to the tenants, agreeable to the ancient custom of this Manor, which has lately been notoriously broke and invaded.

[This was again entered on 3rd July, pp. 41 and 42.]

(P. 36.)

GENERAL COURT BARON 1 MAY 1809.

A precept directed to be issued to the Bailiff of this Manor, to remove James Butlers' encroachment.

Ordered that a precept be immediately issued to the proper Officer and Minister of the Court, and to two Copyhold Tenants; authorising them to re

move the encroachments lately made by James Butler, on the waste of the Lord of the Manor, without any authority whatsoever.

(P. 40.)

[GENERAL COURT BARON 3 JULY 1809.]

Recital of a resolution of the Homage adopted at Putney, at a Court Baron, held 1st day of May 1809, relative to Trespasses committed on the Commons.

[Precisely the same as is copied from p. 35] under the side title "Certain regulations drawn up by Roger Pettiward Esq. There is then a return of Edward Pedder, the bailiff of the Manor, of a precept to him directed to certain copyhold tenants at Mortlake to consider of the said resolution, at a Court held this day at Mortlake.]

Precept recorded.-The Manor of Wimbledon in the County of Surry. A General Court Baron will be held for the said Manor, on Monday the third day of July next, at 6 o'clock in the afternoon, at the King's Arms Inn, in Mortlake, within the said Manor; when you are particularly requested to attend, to pass Resolutions similar to those lately made at Putney, to prevent the Commons being surcharged and other trespasses committed thereon. Dated this 19th day

of June 1809, By Order of the Steward, Edward Pedder, Bailiff, John Thomas Lord Viscount Sidney, Sir Charles William Rouse Boughton Bart., Sir Charles Price Bart., Keane Fitzgerald Esq., Henry Hope Esq., Wm. George Adam Esq., Wm. Gilpin Esq., Thomas Bernard Esq., John Sanders Esq., Chas. King Esq., John Herbert Browne Esq., John Turner Esq., John Clinton Esq., Wm. Pearce Esq., Mr. Carteret, John Halford, Mr. Wm. Woolfe, Mr. Thos. Weatherstone, Mr. James Phillips, Mr. John Weller, Mr. Josh. Watson, Mr. Wm. Lyford, Mr. Benjn. Kishere, Mr. John Wade, Mr. Geo. Brown. [Afterwards follows a recapitulation of what is copied from p. 35, commencing "It having been represented."]

[GENERAL COURT BARON 3RD JULY 1809.]

(P. 46.)

The Bailiff of the Manor's production of a precept to him directed, which said precept was to take down the cottage of James Butler, as an encroachment.

Also at this Court, the Bailiff of this Manor produced a precept to him directed, in the words, figures, or to the effect following (that is to say) Manor of Wimbledon. To Mr. Edward Pedder, Bailiff of the said Manor. You are hereby required and commanded, immediately upon sight hereof, to summon the undermentioned Copyhold Tenants of the said Manor, or any three or more of them, to be and appear on Monday, the twelfth day of June next, at the King's Arms Inn, Mortlake, at 12 o'clock at Noon; and that you proceed from thence to the Cottage of James Butler, near East Sheen Common; and that you in their presence do by virtue of this Warrant in as quiet a manner as possible demolish, prostrate and lay open the enclosures, lately made by him the said James Butler, on the Waste of the Lord of the Manor