A. D. 1741. Anno decimo quarto Georgii II. C. 24. 421
- our Lord one thoufand feven hundred and forty, between Peter Standley of Long Melford in the
- County of Suffolk Efquire, Lord of the Manor of IVaterbeach cum Denny in the County of Cambridge.,
4 of the one Part, and the Owners of the fevcral and refpective ancient commonable Mefluages in ' IVaterbeach aforefaid, wliofe Names are hereunto fubferibed, of the other Part.
- I. Whereas the feveral and refpective Pcrfons whofe Names are hereunto fubferibed, are Owner*
- and Proprietors of the feveral and ancient Commonable Mefluages in Waterbcach aforefaid, and have
' feverally a Right of Common in the feveral Commonable, Walte and Fen Grounds in IVaterbeach^ ' without Number or Stint ; and for the better regulating and ftinting the fame, have come to the fol- ' lowing Agreement : ' II. It is. hereby covenanted, concluded and agreed between the faid Parties, that the faid Peter 'Stand- ' ley lhall and will give up and quit Claim all Manner of Right of taking in any Number or Sort of ' Joyft Cattle into any of the Commonable Waftes and Fen Grounds in Waterbcach aforefaid ; the Own-
- ers of the faid feveral Commonable Mefluages in IVaterbeach paying yearly, and every Year, between
' the firft and tenth Days of July, yearly, to the faid Peter Standby, his Heirs and Afligns, at or in the ' capital Manfion-houfe called Denny Abbey, in IVaterbeach aforefaid, the Sum of two Shillings per Houlo
- or Common ; and that in cafe of Failure in Payment, it fhall and may be lawful to and for the faid
' Peter Standky. his Heirs or Afligns, Steward or Agent, to drive and take any of the Cattle feeding and
- depaftursd in any of the laid Commons, of fuch Perfon or Perfons as lhall neglect or refufe to pay the
' fame (being demanded) and the fame to detain, keep and impound by way of Diftrefs for five Days ;
- and thai if the faid Arrear be not in that Time duly paid, then to fell and difpofe thereof > and after
' Payment and Satisfaction of fuch Arrears, together with the Charge of maintaining the faid Cattle, to ' return the Overplus to the Owner thereof) and if there be no Cattle upon the Common belonging to fuch
- particular Tenant, fo neglecting or refilling Payment, that then the reft of the Commoners in IVater-
' leach aforefaid, having Cattle there, (hall make good and pay fuch. Deficiency on or before, the twen-
- tieth Day of July yearly ; and in Default thereof, it (hall be lawful for the faid Peter Standley to taka
' and diftrain the Cattle of any other of the faid Commoners, having Cattle, and the fame in like Man- ' ner to detain and impound, and in Default of Payment within five Days after fuch Diftrefs, the fama
- to fell and difpofe towards Satisfaction of fuch Arrear, together with the Charge of maintaining the
- fame, returning the Overplus to the Owner, and fo from time to time, as often as it fhall fo happen.
' III. That the Fen called Joyft Fen (hall be freed and cleared of all Manner of Cattle, from Candle-
- mas-day to the twenty-fifth Day of March, yearly, Horfes excepted ; and that the Fen called Midktt,
f or Midload, lhall be freed and cleared of all Manner of Cattle from Candlemas-day, to the.. firft Day of ' May, yearly. 'IV. That for each and every Common, the Owner or Occupier (hall and may feed fifteen milched. .' Cows or dry Neat Cattle, and eight Sheep, or ten Cows and five Mares or Geldings, and no more, and ' to abate a Cow for every Colt, after it is one Year old ; and that three Weanling Calves of the firft Year ' mall be deemed as one Cow ; and that two yearling Neat Cattle, to be likewife deemed as one Cow ;.
- and that for every four Commons there (hall be kept by the Owners or Occupiers thereof, one Bull-
' yearly, from the firft Day of May to the tenth Day of ' Otlober; and that for every Eeaft fed and depa- ' ftured on the faid Commons, contrary to the true Intent and Meaning of thefe Articles,, there (hall be ) forfeited and paid to the Lord of the faid Manor for the time being, the Sum. of ten. Shillings for every*
- > Time fuch Offence fhall be committed, to be levied and recovered by Diftrefs and Sale as aforefaid.
' V. And that for the better enforcing the due Obfervanee of the. faid Regulation and Stint, there (hall.
- be yearly ehofen on the Thurfchy next before Ctrl ft mas-day, in the faid Parifh Church, four Fenreeves^
' Commoners and Dwellers in the faid Parifh of TValcrbeach,, by, the major Part of the Owners and Oc- ' cupiers of the faid Commons, then and therefor that Purpofe affembled, to continue in the faid Office ' for one Year then next enfuing, and no longer, who (hall feverally, within one Week after fuch Elec- 4 tion, take upon themfelves the faid Office for one. Year from the Day of fuch Election, on. Pain of fe- c verally torfeiting five Pounds apiece to the Lord of the faid Manor for the time being, and to be levied- ' and recovered by Diftrefs and Sale, as aforefaid ; and that in fuch Election, every Occupier of a Com- ' mon (hall have a Vote for every Common he holds, ' VI. That the faid Fenreeves fo to be elected and ehofen yearly, fhall and may, By and with the - * Content of the major Part of the Owners or Occupiers of the laid Commons in IVaterbeach aforefaid, ' upon any Inundation of Water and Floods, by Order or Orders in Writing, take off and diminifh fuch ' and fo many Cattle cf the Number above-mentioned, as the Neceflity of the Cafe in their Judgments ' may require, fo as fuch Order or Orders are made to extend equally to all Parties concerned ; and pro ' yided fuch Order or Orders be pubrifhed in the Parifh Church of IVaterbeach aforefaid, the Siitida r Morning next following the making thereof, immediately after Divine Service; and lhat the better to ' enforce a due Obfervation of fuch Order or Orders fo to be made as aforefaid, there fhall be forfeited and paid to the Lord of the faid Manor for the time being, ten Shillings.for every Bjsaft, and for every ' Time that they be taken offending contrary to fuch Order or Orders, fo to be made as aforefaid ; and ' that it (hall and may be lawful for the faid Fenreeves, or any or either of them,, to take and impound ' the Cattle of fuch Offender or Offenders, who (hall prefume to put on and feed contrary to fuch Otv ' der or Orders, aid the fame to detain and keep 'for five Days ; and then if fuch' Penalties and For- 1 feitures be not paid, to feU and difpofe of fuch Cattle toward? Satisfaction of the faid Penalty, render-
- ing the Overplus, firft deducting the Charge of keeping the fame.
' VII.. That if upon any Floods or Inundation of Water, the Fenreeves for the time being (hall think, ' it neceflary for the better fecuring the Banks, or fcouring the Ditches and Drains belonging to the faid' '(..'ommonn.bte '/
