to all to whom - michaeljameshall [upper denton and nether denton enclosure award dated 21 april...
TRANSCRIPT
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[UPPER DENTON AND NETHER DENTON ENCLOSURE AWARD
dated 21 April 1800]
To all to whom these presents shall come We Thomas
Lawson of Kirkhouse James Boustead of Cumrenton and
John Norman of Kirkandrews all in the County of
Cumberland send Greeting. Whereas in and by an
Act of Parliament made and passed in the thirty-eighth
year of the Reign of His Majesty King George The Third
intituled “An Act for dividing and inclosing the Moor
Commons and Waste Grounds within the Manors of
Upperdenton and Netherdenton within and parcel of the
Barony of Gilsland in the County of Cumberland “ After
reciting that there then were within the said Manors of
Upperdenton and Netherdenton within and parcel of the Barony of
Gilsland in the County of Cumberland several Moors Commons and
Waste Grounds containing three thousand three hundred acres or
thereabouts which said Lands in their then state yielded but little
profit to the persons interested therein and that the Right Honourable
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Frederick Earl of Carlisle then was chief Lord or Lord Paramount of
the Barony of Gilsland and of the said Manors of Upperdenton and
Netherdenton parcel thereof also as such seized or entitled to the Soil
and Royalties of the said Moors Commons and Waste Grounds being
parts and parcels of the said Barony and also was owner or
proprietor of a certain Messuage Demesne and other Lands and
Tenements within the said Manors and Also Reciting that the
said Frederick Earl of Carlisle then was Lay Rector or Impropriate
Rector of the Parish of Upperdenton and as such entitled to the great
and small Tythes of the said Parish of Upperdenton and that the
Reverend Thomas Ramshay then was Rector of the said Parish of
Netherdenton and also that the Right Reverend Father in God
Edward Lord Bishop of Carlisle then was patron of such Rectory And
after Reciting that the said Frederick Earl of Carlisle Thomas
Ramshay and the said Edward Lord Bishop of Carlisle and the several
and respective persons proprietors ...within the said Manors entitled
to rights of Common or otherwise interested in the said Moors
Commons and Waste Grounds were willing and desirous that the same
should be divided allotted and inclosed in the manner thereinafter
expressed But that such division allotment and inclosure could not be
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effected without the Aid and Authority of Parliament also amongst
other things enacted that the whole of the Moors Commons and Waste
Grounds lying within the said Manors of Upperdenton and
Netherdenton should as conveniently as might be respectively set out
divided and allotted by us the said Thomas Lawson James Boustead
and John Norman the Commissioners appointed by the said Act or
our Successors to be appointed in such manner as therein is mentioned
or any two of us in such manner and under and subject to such Rules
Orders and Directions as in the said Act ordered established directed
appointed and prescribed and that we the said Commissioners in
dividing and allotting the same should have due regard to the quality
and usefulness? of such [land] and every of other matter or thing
relating thereto as well as to the quantity thereof and for preventing
all delays and obstructions in the said division and determining all
differences disputes and objections which might arise or be made
touching the boundaries of the said Moors Commons and Waste
Grounds intended to be divided making known ascertaining and
settling the same. It is by the said Act amongst other things further
enacted that we the said Commissioners should openly publish in the
daytime ride and perambulate or cause to be ridden or perambulated
the said boundaries of the said Moors Commons and Waste Grounds
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intended to be divided and inclosed on some day or days one month or
more before the first meeting of the said Commissioners of which day
or days of riding and perambulating the boundaries of the said
Commons and Waste Grounds and of the hours and place of beginning
to ride and perambulate the same, such public notice should be given
as in the said Act is provided and set forth and that in case any
person or persons body or bodies politic or corporate should have or
make any claim or claims which might affect the boundaries of the
said Moors Commons and Waste Grounds or any of them or any part
thereof then such person or persons were thereby empowered and
required respectively to give and deliver to us the said Commissioners
at our said first or second meeting an account in writing subscribed
as therein mentioned of such his her or their claim or claims touching
the said boundaries and if the Manors for the time being or any one
or more of the persons having or claiming a right of Common on the
said Moor Commons and Waste Grounds or any of them by writing or
writings subscribed as therein mentioned to be given and delivered in
to us the said Commissioners at our said first or second or third
meeting and the person or persons body or bodies politic or corporate
making such claim or claims touching such boundaries as aforesaid
shall persist in such claim or claims then and in such case we the said
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Commissioners should and were thereby authorized and required to
hear and finally determine all such claims as should be so given in
and the objections thereto which claim and objections all persons any
way interested in the said division or their respective agents should
and might at all reasonable times inspect and peruse and take copies
thereof without fee or reward and for the more just and regular
division and distribution of the said Moors Commons and Waste
Grounds so to be divided as aforesaid and for the better ascertaining
the same it is by the said Act amongst other things further enacted
that as soon as conveniently might be after the passing of the said Act
a survey should be made by us the said Commissioners of the said
Moor Commons and Waste Grounds and that the said Commissioners
should also set out mark and ascertain by proper stakes metes or land
marks the said Moors Commons and Waste Grounds to be divided and
allotted by virtue of the said Act in the manner and pursuant to the
Rules Orders and Directions of the same Act and further that we the
said Commissioners should cause such previous notice of our first
second third and other subsequent meetings to be given [1] as is
directed in and by the said Act and for preventing all unnecessary
delays and expenses in the said intended division and for fixing and
ascertaining the Lands and Tenements entitled to right of Common on
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the said Moors Commons and Waste Grounds and for settling and
determining all claims objections differences and disputes which
might be made or arise concerning such right of Common It is by the
said Act further enacted that all persons having or claiming to have
any right of Common upon the said Moors Commons and Waste
Grounds or any of them should and may and were thereby required
by themselves their agents or tenants respectively at the first or
second meeting of us the said Commissioners for putting the said
[...illegible..] execution to give and deliver in writing under their
hands respectively at the first or second meeting of the said
Commissioners present at such meeting a full true and just account of
the Messuages Lands Tenements and Hereditaments (with the names
of the tenants in possession) for and in respect thereof they
respectively claimed such right of Common as aforesaid and that all
persons neglecting so to give and deliver or cause to be given and
delivered such accounts as aforesaid should be and were thereby
excluded and debarred of and from all Right Title Part Share and
Allotment of in to or out of the said Moors Commons and Waste
Grounds and also from all right of Common and other rights Estates
and Interests whatsoever of in or to the said Lands and Grounds to be
allotted to any person or persons by virtue of the said Act and that no
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claim or claims whatsoever of right of Common upon the said Moors
Commons and Waste Grounds or any of them or any part or parcel
thereof should be made received or allowed save at the first or second
meeting of us the said Commissioners and that all and every claim or
claims of Right of Commons in or upon the said Moors Commons or
Waste Grounds which should be so given and delivered in writing to
us the said Commissioners at our first or second meeting us the said
Commissioners should be allowed and be fixed and conclusive to all
persons whomsoever and should never thereafter be suffered to be
litigated or disputed But that if such claim or claims of Right of
Common should at the first second or third meeting of the said
Commissioners be objected to by any two or more of the persons
having or claiming rights of Common on the said Moors Commons and
Waste Grounds or his her or their Attorney Solicitor Steward or
Agent by writing or writings under their respective hands therein
specifying and setting forth the causes or reasons of such objection or
objections to be given and delivered to us the said Commissioners at
our said first second or third meeting and the person or persons
making such claim or claims should persist therein then and in any of
the said cases We the said Commissioners were thereby authorized
directed and required to hear and determine such claims and
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objections by such ways and means and in such manner and form as
under the said Act is prescribed And it is by the said Act further
enacted that we the said Commissioners should and we were thereby
required to set out and appoint such public roads and highways and
also such private roads and ways through and over the Lands and
Grounds thereby intended to be divided and inclosed as we in our
discretion should think requisite the public carriage roads to be and
remain of the breadth of forty feet at the least in every part thereof
and the same should be well and sufficiently fenced on both sides by
such of the owners and proprietors of the said Lands and Grounds
thereby intended to be divided and inclosed and within such time as
we the said Commissioners should by any writing under our hands
direct and appoint AND that all former roads and ways which should
be divided and allotted held and enjoyed as part of such Lands
accordingly and further that the Moors Commons and Waste Grounds
situate within and belonging to each of the aforesaid two parishes and
Manors should only be subject to and liable to answer the several uses
and purposes appertaining and belonging to the particular Manor in
which the same were and are respectively situate AND that we the
said Commissioners should and we were thereby authorized
empowered and required according to the best of our Skills and
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Judgment to assign set out and appoint a proper part or parts of the
said Moors Commons and Waste Grounds for public Freestone
quarries clay pits for making bricks and common watering places for
Cattle AND also common wells for common use and benefit of the
Lord or Lords Lady or Ladies of the aforesaid Barony and Manors
respectively for the time being such Freestone and bricks to be used by
the Lord or Lords Lady or Ladies of the said Barony and Manors for
the time being and such Landowners and tenants respectively within
the said Barony and Manors but not to be sold or otherwise disposed
of AND should also set out and appropriate any other part or parts of
the said Manor Commons and Waste Grounds for the getting Sand
Gravel and other materials for making and repairing such public and
private roads as should be set out and appointed or contained within
the said Manors in pursuance of the said Ac tor for any other purpose
or purposes which to us the said Commissioners should seem necessary
or expedient and it is by the said Act further enacted that we the said
Commissioners should as soon as conveniently might be appropriate
mark and set out by proper stakes or land marks so much and such
part or parts of each of the said Moors Commons and Waste Grounds
part of the said Manors respectively as to us should seem competent
and necessary by sale thereof to raise money sufficient for paying and
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discharging the charges and expenses in and about the applying for
obtaining procuring and passing the said Act and for surveying
measuring mapping planning dividing and allotting the said Moors
Commons and Waste Grounds and setting out and marking public
roads and ways drains and watercourses and preparing marking
executing and inrolling the Award or Awards of the Commissioners
and of electing Commissioners from time to time and all expenses
attending the marking preparing executing and enrolling of Deeds
and Instruments whereby any new Commissioner or Commissioners
should be appointed and the Charges and expenses of the
Commissioners and every other person or persons employed by them
in and about the execution of the said Act and all other Charges [2]
and Expences incident to the obtaining and passing thereof and
carrying ...into execution and that we the said Commissioners should
in the next place set out allot and appoint unto and for the said
Frederick Earl of Carlisle said or Lord or Lords or Lady or Ladies of
the aforesaid Barony and Manors for the time being in the entire plot
or piece of land within each of the said Manors such quantity of the
said Moors Commons and Waste Grounds as (quantity and quality
considered) should in the Judgment of us the said Commissioners be
equal to one full twelfth part or share of the remainder of the said
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Moors Commons and waste Grounds as should remain after the
allotment and appropriation thereinbefore mentioned in lieu of and
for a full Compensation for the Right and Interest of the said
Frederick Earl of Carlisle as Lord of the said Barony of Gilsland and
Manors of Upperdenton and Netherdenton and of the Lord or Lords
or Lady or Ladies of the said Barony and Manors for the time being in
and to the Soil of the Residue of the said Moors Commons and Waste
Grounds (Except as thereinafter is mentioned) and as a Recompense
for the consent of the said Frederick Earl of Carlisle to the Division
and Inclosue of the said Moors Commons and Waste Grounds as Lord
of the said Barony and Manors and should also set out allot and
appoint to and for the said Frederick Earl of Carlisle his Heirs and
Assigns so much of the said Moors Commons and Waste Grounds
within the said Manor of Upperdenton as should in the Judgement of
the said Commissioners be deemed equivalent to and a full recompense
and Satisfaction as well for all Tythes Moduses and Compositions for
Tythes and for in respect of the several old Inclosures and other
Messuages Lands and Tenements within the said Manor of
Upperdenton As Also for all the Ththes impropriate that might
thenceforth arise and grow due to him the said Frederick Earl of
Carlisle his Heirs or Assigns out of or for the said Moors Commons and
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Waste Grounds of Upperdenton so to be divided and allotted And that
we the said Commissioners should also set out Allot and Appoint to the
said Thomas Ramshay and his Successor Rectors of Netherdenton so
much of the said Moors Commons and Waste Grounds within the said
Manor of Netherdenton as should in the Judgement of us the said
Commissioners be deemed equivalent to and a full recompense and
satisfaction as well for all Tythes Moduses and Compositions for
Tythes (Except Easter offerings Mortuaries and Surplice fees) upon for
or in respect of the several old Inclosures and other Messuages and
Tenements within the said Manor of Netherdenton As also for all
tythes Moduses and Compositions for tythes (except Easter Offerings
Mortuaries and Surplice fees) which might thenceforth arise or grow
due to the said Thomas Ramshay and his Successors Rectors of
Netherdenton aforesaid from and out of the said Moors Commons and
Waste Grounds of Netherdenton so to be divided and allotted And
that we the said Commissioners from and out of the said Mors
Commons and Waste Grounds of Netherdenton so to be divided and
allotted and that we the said Commissioners should set out by Metes
and bounds and allot in severalty the Residue of the said Moors
Commons and Waste Grounds after the several allotments and
appropriations thereinbefore mentioned should be made unto and
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amongst the said Frederick Earl of Carlisle for and on account of his
Messuages Tenements Lands and Hereditaments within the said
Manors and the several other persons bodies politic or corporate
entitled to right of Common upon the said Moors Commons and Waste
Grounds of any of them for and on account of their respective
Messuages Lands and Tenements within the said Manors respectively
by and according to the rule or rate known within the said Manors by
the name of Purvey or by and according to the clear annual value of
such Tenements respectively as the said Commissioners should think
most proper such annual value to be settled and ascertained by hte
said Commissioners according to the best of their Judgement by and
according to the Rules Orders and Regulatons in the said Act
contained provided always and it is thereby enacted and declared
that the Coal Mines Minerals and Metals lying under any of the
Allotments to be made in pursuance of the said Act should not be
taken into the calculation of or be in any wise adding to contributing
to the value of such Allotments it being intended that all Coal Mines
Minerals and Metals within or under the whole of the said Moors
Commons and Waste Grounds should be reserved to the said Frederick
Earl of Carlisle and the Lord or Lords Lady or Ladies of the said
Barony and Manors for the time being in the manner thereinafter
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mentioned And it is by the said Act amongst other things further
enacted that all Inclosures or Encroachments taken or made from or
on any part or parts of the said Moors Commons and Waste Grounds
respectively within thirty years before the passing of the said Act
should be deemed part and parcel of the said Moors Commons and
Waste Grounds to be allotted to him her or them respectively
pursuant to the said Act according to the value of the Land or Ground
so enclosed or taken or encroached upon before any Improvement was
made thereof or therein and that when and so soon as we the said
Commissioners should have finished and completed the said intended
Division we should form or draw up and Award or Instrument in
writing which should express specify and contain the quantity in
statute measure of Acres Roods and Perches contained in every
respective Allotment and a description of the Situation and
boundaries thereof respectively with such orders and directions for
the hedging fencing and ditching the same and making keeping in
repair and maintaining such Hedges Ditches and Fences and for
making laying out and repairing public and private Roads Ways
passages Drains and watercourses in over and through the said Moors
Commons and Waste Grounds and the Allotments to be made therein
and which should contain [3] such Orders Regulations and
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Determinations as should be necessary or proper to be inserted
therein in conformity to and according to the true intent and
meaning of the said Act And that we the said Commissioners should
cause the said Award to be fairly engrossed upon parchment and
should duly execute the engrossment thereof under our hands and
seals to which said Award should be annexed the survey thereinbefore
directed to be taken of the said Moors Commons and Waste Grounds
signed by us the said Commissioners and whereon the said several
allotments public and private roads ways watercourses and other
matters and things proper to be described and delineated therein
should be fairly set out and marked and expressed And that
duplicates of the said Award and Survey annexed thereto should be
made and one thereof Enrolled and Recorded at the Court of the
General Quarter Sessions of the peace for the said County of
Cumberland in the manner and for the purposes of the said Act
mentioned And that immediately after the said Award and Survey
should be executed and deposited as aforesaid All and every
allotments and appropriations thereinbefore directed should and were
thereby declared to be Freehold to all Intents and purposes
whatsoever And that immediately the Execution and depositing of the
said Award and Survey as aforesaid All Rights of Common of every
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kind upon the said Moors Commons and Waste Grounds should cease
and be for ever extinguished and all and every person and persons
entitled to any of the said Allotments should and were thereby
required to accept his her and their respective Allotments within the
time thereby limited And it is by the said Act, amongst other things,
further enacted that any Allotment or Allotments to be made by
virtue of the said Act to any person or persons in Right of any Church
or Chapel should be inclosed and fenced round with walls and thick set
hedges or other proper bounds walls or fences at the expense of the
proprietors of the other allotments of the lands and grounds thereby
intended to be divided and inclosed and that the said hedges ditches or
other bounds walls or fences when made should thereafter for ever be
kept maintained supported and secured by and at the expense of the
person or persons to whom such allotment or allotments should be
made and that the hedges ditches and fences to be made for inclosing
separating and dividing the several other allotments of the said Lands
and Grounds should be made within such time and at all times
thereafter repaired by and at the expense of the several persons to or
for whom the same should be allotted in such manner as the said
Commissioners should by their said Award direct and appoint And it
is by the said Act amongst other things further enacted that it should
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and might be lawful for the Owner or proprietor Owners or
proprietors of Allotments to be made in pursuance of the said Act
respectively to Exchange all or any part or parts of their respective
Allotments And also any slice of his her or their Lands or Grounds
Messuages Tenements or Ancient Inclosures lying within the said
Barony and Manors with any person or persons whomsoever for any
other Allotment or Allotments or any part or parts of any other
Allotment or Allotments And also any other of his her or their Lands
or Grounds Messuages Tenements or Ancient Inclosures lying within
the said Barony and Manors so as all and every such Exchange or
Exchanges should be made by and with the consent and approbation
of us the said Commissioners and should be ascertained and decided in
our said Award thereinbefore directed to be made And that all and
every such Exchange and Exchanges so to be made as aforesaid should
be good valid and effectual in the Law to all Intents and purposes
whatsoever in which said in part recited Act are also contained
divers other Rules Orders Regulations powers Directions Restrictions
and Limitations for the better compleating and carrying the said
intended Division into Execution as by the said Act relation being
thereunto had may more fully and at large appear And whereas we
the said Thomas Lawson Jams Boustead and John Norman the
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Commissioners appointed in and by the said Act having taken upon
the Execution of the several power vested in us under and by virtue of
the said Act Andhaving first severally taken and subscribed the oath
thereby required to be takenand subscribed before we or any of us
acted as Commissioners in the Execution of the said Act did proceed to
ride and perambulate the boundaries of the said Moors Commons and
Waste Grounds intended to be divided and enclosed on Wednesday
and Thursday the Thirteenth and Fourteenth day of June in the year
of our Lord One thousand seven hundred and ninety eight of which
riding and perambulation such previous notice was given as is
directed in and by the said Act and we the said Commissioners did
hold our first second and third meetings under the said Act for the
purpose of carrying the same into Execution agreeable to the
Direction of the said Act (to wit) the First of such Meetings on the
twenty second day of August in the year of our Lord One thousand
seven hundred and ninety eight the Second of such meetings on the
fifteenth day of October in the year of our Lord One thousand seven
hundred and ninety eight and the third of such meetings on the
eleventh day of December then next following having first given such
previous notice of the said three several and respective meetings as by
the said Act is required And whereas at the said first and second
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meetings of the said Commissioners held for the purpose of receiving
claims of right of commons and for in other respects putting the said
Act in Execution the following persons having or claiming to have
right of commons upon the said Moors Commons and Waste Grounds
[4] (that is to say) The Right Honourable Frederick Earl of Carlisle,
Thomas Ramshay Clerk Rector of Netherdenton, Thomas Ramshay
Esquire, Humble Lamb, Joseph Lamb, Thomas Waugh, John Hodgson,
Edward Bell, Joseph Richardson, John Bell of Low Lonning, Ann
Waugh, Thomas Lawson, and Hannah his wife, James Elliot, John
Boustead, Ann Hodgson, Andrew Irwin, John Irwin, George Calvert,
Joseph Addison, John Hull, Joseph Bell, William Payton and Mary his
Wife, Robert Mitchell and Isabella his wife, William Russell and Mary
his wife, Margaret Bell Spinster, Robert Gardhouse, Adam Thornburn,
George Barnfather, John Bell of Sandhill, William Hutton, John
Gardhou, William Richardson, John Bell of Banks, Mary Whitfield,
Joseph Lamb and Alice Ashworth, John Barnfather, Thomas
Tallentire, John Gill, Robert Warwick, John Richardson, John
Jameson, Philip Bell, John Elliot, William Leach, Joseph Leach and
Mary Thompson, did by themselves their agents or tenants
respectively in pursuance of the directions contained in the said Act
give and deliver in writing under their hands respectively to us the
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said Commissioners present at such meetings an account of the said
Messuages Lands Tenements and Hereditaments with the names of
the tenants in possession for and in respect whereof they respectively
claimed such Right of Common as aforesaid and whereas at the said
third meeting of the said Commissioners held for the purpose of
receiving objections to the said claims of Right of Common so given
and delivered unto us as aforesaid at the said first and second
meetings the following claims of right of Common so given and
delivered to us as aforesaid were objected to by John Bell William
Richardson John Hodgson George Barnfather James Elliott and
William Hutton ...of the aforesaid persons having or claiming right of
Common on the said Moors Commons and Waste Grounds of
Netherdenton under their respective hands therein specifying and
setting forth the causes and reasons of such objections agreeable to the
directions contained in the said Act that is to say the claim made by
the said John Barnfather of right of Common upon the Moors
Commons and Waste Grounds within the Manor of Netherdenton in
respect of his Messuage and Tenement at Crakestown was objected to
because the said Messuage and Tenement was not situate within the
said Manor or parish of Netherdenton and because the said Messuage
and Tenement paid no ...or poor rate whatever to the said parish of
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Netherdenton nor had any right of Common upon the said waste or
any part thereof Also the several claims of the said Thomas Tallentire
in respect of his Messuage and Tenement at Tarnhills, of the said
Joseph Addison in respect of his Messuage and Tenement at
Crakestown, of the said Joseph Lamb Esquire and Alice Ashworth in
respect of their Messuages Lands and Tenements at Temmon, of the
said George Calvert in respect of his Messuage and Tenement at
Chapelburn and of the said John Gill in respect of his Messuage and
Tenement at Carnitty were severally objected to by the said John Bell
William Richardson John Hodgson George Barnfather James Elliott
and William Hutton for the same causes and reasons as above
specified and assigned in the objection made against the said John
Barnfather’s claim and whereas the said several persons making the
said several objected claims having persisted therein we the said
Commissioners in pursuance of the directions contained in teh said
recited Act, did with all convenient speed proceed to hear and
determine such claims and objections respectively by such ways and
means and in such manner and form as the said Act prescribed and
did make and eecute and award in writing under our hands and seals
touching and concerning the said claims and objections respectively
according to the directions contained in the said Act (as by such
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Awards or the enrolment copies thereof Relation being thereunto
respectively had may more fully appear) Now we the said Thomas
Lawson, James Bousted, and John Norman the Commissioners
aforesaid having made a plan survey and admeasurement of the said
Moors Commons and Waste Grounds respectively which said survey is
hereunto annexed and declared by us to form a part of this our
Award and having finished and completed the said Division in
pursuance of the said recited Act Do make and publish this for and as
our Award in manner and form following that is to say And first we
do award order direct and appoint that there be a public highway
forty feet wide exclusive of ditches from the great military road
leading from the City of Carlisle to Newcastle upon Tyne near a place
called Scarrow Hill and extending from thence to Denton Hillin such
direction as the same is set out on the said Moors Commons and Waste
Grounds and described in the said plan hereunto annexed from the
Letter A to the Letter B Also that there be one other public highway
forty feet wide exclusive of ditches from the aforesaid Military road
at a place called Rolomoor and extending from thence to Low houses
from thence to Dixon Gaugh Road and Cashen Claigh nd from Cithuen
Craugh across the said Military Road near Lodges to Denton Lonning
Head in such direction as the same is set out on the said Moors
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Commons and Waste Grounds and described in the said plan hereunto
annexed from the Letter G to the Letter D Also that there be one
other public highway Forty feet wide exclusive of ditches from the
aforesaid Military road at Solo Rote and extending from thence to the
parting of the Bkrhust and Lore Broomstill roads at such direction as
the same is set out on the said Moors Commons and Waste Grounds
and described in the said plan hereunto annexed form the letter E to
the Letter F Also that there be one other public highway forty feet
wide exclusive of ditches from the last mentioned road near to Low
Row and extending from thence [end of skin no. 5] to Beckstone Gate in
such direction as the same is set out on the said Moors Commons and
Waste Grounds and described in the said plan hereunto annexed from
the letter G to the letter H also that there be one other public
highway forty feet exclusive of ditches leading from a place called
Temmon Beck otherwise Polcross and extending from thence past the
Bush Stock Grounds to the entrance of Joseph Leach’s inclosed grounds
in such direction as is set out on the said Moors Commons and Waste
Grounds and described in the said plan hereunto annexed from the
letter I to the letter K Also that there be an occupation way twenty
seven feet wide exclusive of ditches from the said public highway
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hereinafter set out at Cashen Clough and extending from thence to the
Allotment of Common hereinafter set out to the Right Honourable
Frederick Earl of Carlisle marked with the Number or Figure 2 in
such direction as the same is set out on the said Moors Commons and
Waste Grounds and described in the said plan hereunto annexed from
the Letter L to the Letter M Also that there be one other Occupation
Way twenty four feet wide exclusive of ditches from the public
highroad hereinbefore set out leading and near to Lowhouses and
extending from thence to the parcel of Land sold and hereinafter
allotted to John Moses and from thence to Carnelley Gate in such
direction as the same is set out on the said Moors Commons and Waste
Grounds and described in the said plan hereunto annexed from the
Letter N to the Letter O and from thence to the Letter Z Also that
there be one other Occupation Way twenty four feet wide exclusive of
ditches from the aforesaid public highroad hereinbefore set out
leading and near to Dixon Clough head and extending from thence to
the said parcel of Common sold and hereinafter allotted to John Moses
in such direction as the same is set out on the said Moors Commons
and Waste Grounds and described in the said plan hereunto annexed
from the Letter P to the Letter Q Also that there be one other
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occupation way twenty one feet wide exclusive of ditches from the
aforesaid Military Road to Highrow in such direction as is set out on
the said Moors Commons and Waste Grounds and described in the said
plan hereunto annexed from the Letter T to the Letter U Also that
there be one other occupation way twenty one feet wide exclusive of
ditches commencing from the parting of the Low Broomhill and
Birkhouses Road and extending from thence to Crakestown Gate Low
Broomhill Gate and the Gate upon Birkhurst Hill leading towards
Denton Hall in such direction as the same is set out on the said Moors
Commons and Waste Grounds and described in the said plan hereunto
annexed from the aforesaid Letter F to the Letters V and W And
Also that there be one other occupation way nineteen feet wide
exclusive of ditches commencing from a Gate at the East Side of the
Earl of Carlisle’s enclosed lands at Denton Hall and extending from
thene to the aforesaid public highway leading to Birkhurst in such
direction as the same is set out on the said Moors Commons and Waste
Grounds and described in the said plan hereunto annexed from the
Letter X to the Letter Y Also we do Award and Order that the said
Thomas Ramshay Clerk and his Successors Rectors of Netherdenton
shall for ever hereafter have an occupation road of the breadth of
26
fifteen feet for all husbandry purposes (the driving of Cattle and Stock
only excepted) from the said Road leading to Lonninghead across the
south and south east of the Allotments No 74 and 75 hereinafer set
out to the said John Gardhouse and William Richardson to and from
the Allotment No 11 hereinafter set out to the said Thomas Ramshay
Clerk Also that the said William Richardson his Heirs and Assigns
shall for ever hereafter have a like occupation road of the breadth
and for the purposes last mentioned from the said Road leading to
Lonninghead (across the south end of the said Allotments No 74
hereinafter st out to the said John Guardhouse to and from the
aforesaid Allotment No 75 hereinafter set out to him the said William
Richardon Also that Ann Stephenson and all future occupiers of the
tenement at or near Chapel burn shall for ever hereafter have an
occupation way (as heretofore) from Chapel Burn to and from the said
tenement And Also that the said James Elliot his Heirs and Assigns
shall ever hereafter during a certain part of each year that is to say
from Martinmas to Lady Day have an occupation way of the breadth
of fifteen feet across the south end of the Allotment No 48 hereinafter
set out to Ann Hodgson unto and from the aforesaid occupation road
hereinbefore set out leading towards Lowhouses Also we do award
27
order assign set out and appoint two certain plots or parcels of the
said Moors Commons and Waste Grounds of Netherdenton towit one
parcel adjoining on the North side of the Military Road near to the
Lodges Tenement containing by mensuration four acres and two roods
as the same is set out on the said Moors Commons and Waste Grounds
and distinguished in the said plan hereunto annexed with the Figures
and Letter 12A And the other of such parcels lying on the South side
of the public highway hereinbefore set out leading from Lowhouses to
Dixon Clough Head containing by mensuration two acres and fifteen
perches as the same is also set out but on the said Moors Commons and
Waste Grounds and distinguished in the said plan hereunto annexed
with the Figures and Letter 12B For and as Commons and Waste
Grounds and distinguished in the said plan hereunto annexed with the
Figures and Letter 12B for and as public freestone quarries to be for
ever hereafter appropriated to and for the Common use and benefit of
the Lord or Lords Lady or Ladies of the said Manor of Netherdenton
for the time being and the several Landowners and Tenants
respectively of and within the said Manor pursuant to the directions
of the said Act Also we do award order assign set out and appoint a
certain plot or parcel of the said Moors Commons and Waste Grounds
as the same is set out on the said Moors Commons and Waste Grounds
28
of Netherdenton situate on the south east side of the aforesaid public
highway at Dixon Clough Head as the same is set out on the said
Moors Commons and Waste Grounds and distinguished on the said
plan hereunto annexed with the figures and letter 12C for and as a
public watering place for Cattle to be for ever hereafter appropriated
to and for the Common use and benefit of the Lord and Tenants of the
said Manor of Netherdenton respectively for the time being pursuant
to the directions of the said Act and that the Lord and tenants of the
said Manor of Netherdenton for the time being respectively shall also
at all times hereafter have liberty to water his her and their Cattle at
a place adjoining the west end of an ancient Inclosure called Crows
Dykes the same being left out and laid to the adjoining Road for that
purpose Also we do award order assign set out and appoint a certain
plot or parcel of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid situate on the south east side of the Road at
Hare Hill Hedge Corner containing by mensuration two roods and
thirty six perches as teh same is set out on the said Moors Commons
and Waste Grounds and distinguished in the said plan hereunto
annexed with the figures and Leter 12D for and as a public Gravel Pit
to be for ever appropriated to the getting of Sand Gravel and other
materials for makingand repairing the public and private roads
29
hereinfbeofre set out in pursuance of the said Act Also we do hereby
furher award order and direct that the said Frederick Earl of Carlisle
his Heirs and Assigns shall for ever hereafter maintain and keep in
repair a certain portion of the aforesaid occupation way leading from
Cashen Clough (to wit) from a certain Runner or Syke on the said
Road at the South end of the Allotment of John Irving No 57 and
extending from thence to the Allotment of the said Earl No 2 Also a
certain other occupation way leading from the aforesaid Military
Road to Highrow and extending upon the said plan hereunto annexed
from the Letter R to the Letter S And Also a certain other occupation
way leading from the east side of Denton Hall Grounds to the public
road leading to Birkhurst and extending upon the said plan hereunto
annexed from the Letter X to the Letter Y Also that the remaining
part of the aforesaid occupation way at cashen Clough (to witn) that
part extending from Cashen Clough to the aforesaid Runner or Syke
at the South End of the John Irving’s Allotment shall for ever
hereafter be maintained and repaired by ttthe said Ann Waugh
Thomas Waugh Ann Hodgson John Hodges Edward Bell Andrew
Irwin and John Irwin their Heirs and Assigns respectively in
proportion to the quantities of their respective Allotments adjoining
to or to be occupied through the said Road or way and Also that John
30
Moses his Heirs and Assigns shall for eever hereafter maintain and
keep in repair the two aforesaid occupation ways leading from the
aforesaid public road near Lowhouses and Sixon Clough Head
respectively to the parcel of Common sold and hereinafter allotted to
him the said John Moses and extending upon the said plan hereunto
annexed from teh Letter N to the Letter O and from the Letter P to
the Letr R and whereas we the said Commisisoners did in pursuance
of the said Act appropriate Mark and Set out by proper stakes or land
marks divers parcels of the said Moors Commons and Waste Grounds
hereinafter mentioned in order by sale thereof to raise monies
sufficient for carrying the said Division into Execution and did on the
thirtieth day of October One thousand seven hundred and ninety eight
Sell buy public auction (such previous notice as is required by the said
Act having been first given) to the aforesaid John Moses one of such
parcels, to wit, a plot or parcel of ground upon the said Moors
Commons and Waste Grounds within the said Manor of Netherdentn
containing by mensuration two hundred and twenty acres or
thereabouts as thesame is marked and set out and distinguished in the
said plan hereunto annexed with the Letters A Aand bounded on the
east by theAllotment No 10 hereinafter set out to the Reverend
Thomas Ramshay on the west by a parcel of common sold and
31
hereinafter allotted to John Gil and also by the Inclosed Land of the
Earl of Carlisle and the said John Gill on the north by hte Allotments
No 25 29 33 39 42 and 13 hereinafter set out to Thomas Waugh John
Hodgson Edward Bell Ann Waugh Thomas Lawson and Hannah his
wife and Thomas Ramshay Esquire and on the south byhthe enclosed
lands of the said Earl of Carlisle and whereas the said John Moses
haivn paid the purchase money for the said plot or parcel of ground
within such time and in such manner as itsidirected butej said Act we
do therefore allot assign and award to said plot or parcel of ground
unto the said John Moses his Heirs and Assignsfor ever Subject to the
maintaining and repairing the two occupation ways hereinbefore
metneiond and to the making and repairing such hedges and fences as
are hereinafter ordered to be by such and them made and repaired
and whereas we did also on the thirtieth day of October one thousand
seven hundred and ninety eight sell by public auction unto Thomas
Ramshay Esquire one other of the said parcels so set out for sale and
aforesaid (to wit) a plot or parcel of ground upon the said moors
commons and waste grounds within the manor of Netherdenton
aforesaid situate at a place called Rowmoor and containing by
mensuration sixty acres two roods and twenty three perches or
thereabouts and distinguished in the said plan hereunto annexed with
32
the letters BB and bounded on the east by the occupation road leading
to Lowhouses on the west by the public road hereinbefore set out
leading to Lowhouses and Clough Head and on the north by the
aforesaid Military Road and on the south by the enclosed lands of
Edward Bell and others and by an allotment hereinafter set out to the
said Edward Bell and whereas the said Thomas Ramshay having paid
the purchase money for the said first mentioned plot or parcel of
ground within the time and in the manner directed by the said Act
we do therefore allot assign and award the said plot or parcel of
ground to the said Thomas Ramshay his Heirs and Assigns for ever
Subject to the making and repairing of such hedges and fences as are
hereinafter ordered to be by him and them made and repaired and
whereas we did on the sixteenth day of July One thousand seven
hundred and ninety one sell by public auction (such previous notice
having been first given as is required by the said Act) to John Gill one
other of such plots or parcels of ground so set out for sale as aforesaid,
to wit, a plot or parcel of ground upon the said Moors Commons and
Waste Grounds within the said Manor of Netherdenton containing by
mensuration ten acres two roods and twenty one perches or
thereabouts as the same is marked and distinguished in the said plan
hereunto annexed with the Letters CC and bounded on the east by a
33
part of the said plot or parcel of ground sold to the said John Moses on
the west and north by the road hereinbefore set out leading to
Carnitley and on the south by the enclosed lands of the said John Gill
and whereas the said John Gill having paid the purchase money for
the said last mentioned plot or parcel of ground within the time and
in the manner directed by the said Act We do therefore allot assign
and award the said plot or parcel of ground unto the said John Gill his
Heirs and Assigns for ever And whereas we did on the said sixteenth
day of July one thousand seven hundred and ninety nine sell by public
auction until John Armstrong one other of the said parcels so set out
for sale as aforesaid, to wit, a plot or parcel of ground upon the said
Moors Commons and Waste Grounds situate at Netherdenton Rigg
within the Manor of Upperdenton aforesaid continainingby
mensuration thirty acres or thereabouts as the same is marked and
distinguished in the said plan hereunto annexed with the letters DD
and bounded on the southeast by the enclosed lands of Joseph Lamb
and also by Temmon Beck on the east by the Allotments No 1 and 22
hereinafter set out to the Earl of Carlisle and Joseph Lamb and Alice
Ashworth, on the north by the said Allotment No 1 hereinafter set out
to the said Earl of Carlisle and by the public highway leading to
Upperdenton and on the south by the Allotments No 21 and 22
34
hereinafter set out to the said Joseph Lamb and Alice Ashworth
respectively and whereas the said John Armstrong having paid the
purchase money for the said last mentioned plot or parcel of ground
within the time and in the manner directed in and by the said Act we
do therefore allot assign and award the said plot or parcel of ground
unto the said Johnb Armstrong and his Heirs and Assigns for ever
subject to the making and repairing such hedges and fences as are
hereinafter ordered to be by him and them made and repaired and
whereas we having made such survey and admasureents as aforesaid
and having duly considered the quantity quality convenience and
situation of the said Moors Commons and waste grounds and of every
part and parcel thereof respectively do set out assign appoint award
and allot unto each and every of the several persons interested in the
said Moors Commons and Waste Grounds and who are entitled to
shares or allotments therein under and by virtue of the said Act their
several shares portions or allotments as follows that is to say – unto
the said Frederick Earl of Carlisle the Lord of the aforesaid Barony
and Manors his Heirs and Assigns for ever as a full twelfth part or
share of so much of the said Moors Commons and Waste Grounds
(Quantity and Quality considered) as remain after the making the
several Allotments and Appropriations aforesaid in lieu of and as a
35
full compensation for the Right and Interest of the said Frederick Earl
of Carlisle to the Division and Inclosure of the said Moors Commons
and Waste Grounds as Lord of the said Barony of Gilsland and
Manors of Upperdenton and Netherdenton in and to the Soil of the
Residue of the said Moors Commons and Waste Grounds (except as
hereinafter mentioned) and as a full recompense for the consent of the
said Frederick Earl of Carlisle to the Division and Inclosure of the said
Moors Commons and Waste Grounds as Lord of the said Barony and
Manors and also in lieu of and as a full recompense and satisfaction
as well for all Tythes Moduses or Compositions for Tythes for and in
respect of the several old Inclosures and other Messuages Lands
Tenements and Hereditaments within the said Manor of Upperdenton
as also for all the tythes impropriate that shall or may or could or
might from henceforth arise or grow due to him the said Frederick
Earl of Carlisle his Heirs or Assigns outof or from the said Moors
Commons or Waste Grounds so to be allotted and divided as aforesaid
and also in lieu and full satisfaction of all his the said Frederick Earl
of Carlisle’s right upon the said Moors Commons and Waste Grounds
respectively for an account of his Messuages Lands Tenements and
Hereditaments within the said several manors of Upperdenton and
Netherdenton and also in lieu and satisfaction of all Right of Common
36
of the said Earl for and in respect of the Exchanges hereinafter
mentioned made by the said Earl with Joseph Bell and Andrew Irwin
respectively (Except such particular rights as are in the said Act and
hereinafter reserved unto the said Frederick Earl of Carlisle and the
Lord or Lords Lady or Ladies of the said Manor for the time being) All
those several parts shares or parcels of the said Moors Commons and
Waste Grounds as the same are set out thereon respectively and
distinguished in the said plan hereunto annexed with the several
numbers of figures 1 2 3 4 5 6 7 8 9 containing in the whole by
mensuration (including certain Encroachments heretofore made by
the said Earl upon the said Moors Commons and Waste Grounds and
which said Encroachments are hereby confirmed and allotted unto
him) One thousand one hundred and sixty three Acres two Roods and
twenty Perches One of which said parcels – No. 1 – containing by
mensuration Seventy one acres one rood and twelve perches lyeth on
Upperdenton Common and is bounded on the East by the Shares or
Allotments hereinafter set out to Joseph Leach William Leach Robert
Warwick John Elliot and Philip Bell And Also by the parcel of
Common sold and hereinbefore allotted to John Armstrong and by the
Road leading to Upperdenton, on the west by the said Grounds
belonging to Frederick Earl of Carlisle called Stanirigg and on the
37
North by the Allotments hereinafter set out to John Richardson Mary
Thompson Joseph Leach John Jameson and Philip Bell, and on the
South by the said parcel of Common hereinbefore allotted to John
Armstrong And by the Allotment hereinafter set out to Joseph Lamb
and Alice Ashworth Another of which said parcels – No. 2 –
containing by mensuration one thousand and forty one Acres and
twelve perches lyeth on the East end of Netherdenton Common Andis
bounded on the East by certain unimproved Wastes called Hartley
burn Common and on the West by the Allotments hereinbefore
allotted to the Reverend Thomas Rawshay as Rector of Netherdenton
John Hodgson Ann Hodgson Edward Bell and Andrew Irwin On the
North by Thirlwale Common and the Allotment hereinafter set out to
Humble Lamb And on the South by the enclosed Lands of the said Earl
Another of which said parcels - No. 3 – containing by mensuration
Thirty Acres and twenty seven perches lyeth on Netherdenton
Common on the Soth side of the aforesaid Miliary Road at a place
called Rowmoor and is bounded on the East by the Allotment
hereinafter set out to Thomas Ramshay Esquire On the West and
South by the enclosed Lands of the said Earl, And on the North by the
aforesaid Military Road Another of which said parcels – No. 4 –
containing by Mensuration One Rood and thirty four perches lyeth on
38
Netherdenton Common aforesaid adjoining to Denton Mill Cottage
and is bounded on the East and South by the Allotment hereinafter set
out to John Boustead And on the West by the said Road leading from
thence to Denton Mill Three others of which said parcels – No. 5 –
containing together by measuraton One Rood and nine perches are
situate on Netherdenton Common aforesaid and are all adjoining
upon the said Earl’s enclosed Lands at Birkhurst Another of which
said parcels – No. 6 – containing by Mensuration Four Acres Two
Roods and ten perches lyeth on Netherdenton Common aforesaid, and
is bounded on the East by the said Road leading to Denton Mill and
on the West by the enclosed Lands of the said Earl Another of which
said parcels – No. 7 – containing by Mensuration three Acres two
Roods and ten perches lyeth on Netherdenton Common aforesaid And
is bounded on the East by the said Allotment hereinafter set out to
Ann Hodgson and on the West by the allotment hereinbefore set out to
John Bowstead Another of which said parcels – No. 8 - containing by
Mensuration two acres and twenty three perches lyeth on
Netherdenton Common aforesaid and is bounded on the East and
South by the enclosed Lands of the said Earl and on the West by the
said Allotment hereinafter set out to Ann Hodgson Another of which
said parcels – No. 9 – containing by Mensuration ten perches lyeth on
39
Netherdenton Common aforesaid at the East end of Birch Craig Field
and is bounded on the East by the Allotment hereinafter set out to
Jams Elliot and on the West by the Lands of the said Earl of Carlisle
And we do also award set out assign allot and appoint unto the said
Thomas Rawshay Clerk as Rector of Netherdenton aforesaid and his
Successors as an Equivalent and full Recompense and Satisfaction As
well for all Tythes Moduses and Compositions for tythes (Easter
Offerings, that is to say Communicants money only Mortuaries and
Surplice fees excepted) upon for or in respect of the several Old
Inclosures and other Messuages and Tenements within the said Manor
of Netherdenton As also for all Tythes Moduses and Compositions for
Tythes (Easter Offerings, that is to say, Communicants money only
Mortuaries and Surplice fees excepted), which can or may or could or
might from henceforth arise or grow due to the said Thomas Rawshay
Clerk or his successors Rectors of Netherdenton aforesaid from and
out of the said Moors Commons and Waste Grounds of Netherdenton
so to be divided and allotted as aforesaid And also in lieu and full
satisfaction of all the Right of Common of him the said Thomas
Rawshay and his successors Rectors of Netherdenton aforesaid in and
upon the said Moors Commons and Waste Grounds as teh same are set
out thereon and distinguished in the said plan hereunto annexed with
40
the several numbers o figures – 10, 11 – containing in the whole by
mensuration five hundred and seventy six acres one rood and
nineteen perches – One of which said parcels – No. 10 – containing by
mensuration five hundred acres thirty two roods and one perch lyeth
on Netherdenton Common aforesaid in a certain place there called
Clough Head Shaw and is bounded on the East by the said Allotment –
No. 2 – hereinbefore set out to the said Frederick Earl of Carlisle on
the West by the Allotment – No. 13 – hereinafter set out unto Thomas
Rawshay Esquire and the Common sold and hereinbefore allotted to
John Moses on the North by the said Allotment No 2 hereinbefore set
out to the said Earl of Carlisle and by the Allotments hereinafter set
out to John Hodgson Thomas Waugh and Joseph Richardson and on
the South by the enclosed Lands of the said Earl of Carlisle and the
other of which said parcels – No. 11 – containing by Mensuration
thirty six acres three roods and eighteen perches lyeth on the
Netherdenton Common aforesaid near to Chapelburn and is bounded
on the East by the Allotment hereinafter set out to Mary Whitfield on
the West by the Allotment hereinafter set out to William Richardson
on the North by the Enclosed Lands of Thomas Whitfield and by the
Allotment hereinafter set out to John Bell and on the South by the
Allotments hereinafter set out to George Barnfather and Humble
41
Lamb WE do also award set out assign allot and appoint unto the
several Landowners Tenants and others who are entitled to Shares or
Allotments upon the said Moors Commons and Waste Grounds
respectively and to their respective Heirs and Assigns such parts or
portions of the said Moors Commons and Waste Grounds as are
hereinafter set out awarded assigned allotted or appointed unto them
severally in full of their respective rights and interests therein as
followeth, that is to say, unto the said Thomas Rawnshay Esquire his
Heirs and Assigns for ever in lieu and full satisfaction of all his right
of common in and upon the said Moors Commons and Waste of
Netherdenton as appendant appurtenant or belonging to his
Messuages Lands and Tenements within the said Manor of
Netherdenton All those five parts or parcels of the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as the same
are set out thereon and distinguished in the said plan hereunto
annexed with the numbers or figures – 12 – 13 – 14 – 15 and 16
containing together by mensuration including his encroachments two
hundred and six acres one rood and twenty perches one of which said
parcels – No. 12 – containing fifty eight acres one rood and two
perches is bounded on the East by the Road leading to Dixon Clough
Head On the West by the enclosed Lands of the said Thomas Ramshay
42
and by the Allotment hereinafter set out to James Elliot and on the
North by the said Military Road leading from Carlisle to Newcastle
Another of which said parcels – No. 13 – containing ninety three acres
one rood and nineteen perches is bounded on the East by the
Allotment hereinbefore set out unot the Reverend Thomas Ramshay
as Rector of Netherdenton On the West by the Allotment hereinafter
set out to Thomas Lawson and Hannah his Wife On the North by the
aforesaid road leading to Dixon Clough Head And on the South by the
aforesaid parcel of Common sold and hereinbefore allotted to John
Moses Another of which said parcels – No. 14 – containing fifteen
acres two roods and thirteen perches is bounded on the East by the
Allotment – No. 24 – hereinafter set out to Thomas Waugh on the West
and South by the enclosed Lands of the said Thomas Ramshay And on
the North by the aforesaid Road leading to Dixon Clough Head
Another of which said parcels – No. 15 – containing thirty eight acres
three roods and two perches is bounded on the East by the aforesaid
road leading to Dixon Clough Head On the West by the Allotment –
No. 3 – hereinbefore set out to the Earl of Carlisle on the North by the
aforesaid Military Road and on the South by the enclosed Lands of the
Earl of Carlisle and the said Thomas Ramshay And another of which
said parcels – No. 16 – containing thirty perches is bounded on teh
43
East and West by the aforesaid road leading to Dixon Clough Head
and on the North by the enclosed Lands of the said Thomas Ramshay
and also the pasturage grass and herbage annually hereafter to arise
and grow upon the aforesaid public gravel ground marked – 12-D –
hereinbefore set out – Unto the said Humble Lamb his Heirs and
Assigns for ever in Lieu and full satisfaction of his right of Common in
and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant or belonging to his
Messuages Lands and Tenements within the said Manors All those
two parts or parcels of the said Moors Commons and Waste Grounds
of Netherdenton as teh same are set out thereon and distinguished in
the said plan hereunto annexed with the numbers or figures – 17 – 18 –
containing together by mensuration including his encroachments One
hundred and four acres and twenty five perches - One of which said
parcels – No. 17 – containing forty five acres two roods and thirty six
perches is bounded on the East by the enclosed Lands of Mary
Whitfield Alice Ashworth Joseph Lamb and the said Humble Lamb on
the West by the Allotments hereinafter set out to George Barnfather
William Hutton John Bell and Joseph Lamb on the North by the
Military Road And the other of which said parcels – No. 18 –
containing fifty six acres one rood and five perches is bounded on the
44
East by the enclosed Lands of Joseph Lamb and Alice Ashworth on the
West by the Allotment hereinafter set out to Joseph Addison and on
the North by the enclosed Lands of the said Joseph Lamb Alice
Ashworth and Humble Lamb and on the South by the Allotment – No.
2 – hereinbefore set out to the Earl of Carlisle And by the Allotment
hereinafter set out to Andrew Irwin – Unto the said Joseph Lamb his
Heirs and Assigns for ever in lieu and full satisfaction of all his right
of Common upon the said Moors Commons and Waste Grounds of
Netherdenton as appendant appurtenant or belonging to his
Messuages Lands and Tenements within the said Manor of
Netherdenton All those two parts or parcels of the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as the same
are set out thereon and distinguished in the said plan hereunto
annexed with the numbers or figures – 19- 20 – containing together by
mensuration including his encroachments Forty four acres one rood
and five perches One of which said parcels – No. 19 – containing
nineteen acres two roods and fifteen perches is bounded on the East by
the Road leading to Netherdenton Sonninghead and on the West by
the public quarry ground marked – 12 – A – hereinbefore set out and
by the ancient inclosed grounds of Joseph Lamb and the other of which
said parcels – No. 20 – containing twenty three acres and thirty one
45
perches is bounded on the North by the Allotment hereinafter set out
to John Bell and on the South by the aforesaid Military Road leading
from Carlisle to Newcastle unto the said Joseph Lamb his Heirs and
Assigns for ever in Lieu and full satisfaction of all his right of
Common in and upon the said Moors Commons and Waste Grounds of
Upperdenton appendant appurtenant or belonging to his Messuages
Lands and Tenements held by him in severalty within the said Manor
of Upperdenton All that part or parcel of the said Moors Commons
and Waste Grounds of Upperdenton as the same is set out thereon and
distinguished in the said plan hereunto annexed with the number or
figures – 21 – containing by mensuration two roods and thirty eight
perches and bounded on the East by the enclosed Lands of the said
Joseph Lamb and on the West and South by the Allotment and
enclosed Lands of the said Joseph Lamb and Alice Ashworth and on
the North by the aforesaid parcel of ground sold and hereinbefore
allotted to John Armstrong – Unto the said Joseph Lamb and Alice
Ashworth their Heirs and Assigns for ever in Lieu and full
satisfaction of all their and each of their joint right of Common in and
upon the said Moors Commons and Waste Grounds of Upperdenton as
appendant and appurtenant or belonging to the Messuages Lands and
Tenements held by them as joint tenants in Common within the said
46
Manor of Upperdenton All that part or parcel of the said Moors
Commons and Waste Grounds of Upperdenton aforesaid as the same is
set out thereon and distinguished in the said plan hereunto annexed
with the Number or figures – 22- containing by mensuration seven
acres two roods and twenty eight perches and bounded on the East by
the aforesaid parcel of Common sold and allotted to John Armstrong
and by the last mentioned Allotment hereinbefore set out to the said
Joseph Lamb on the West by the enclosed Lands of the said Earl of
Carlisle On the North by the Allotment – No 1 – herenbfore set out to
the said Earl and by the said parcel of Common sold and allotted to
John Armstrong and on the South by the enclosed Lands of the said
Joseph Lamb and Alice Ashworth – Unto the said Thomas Waugh his
Heirs and Assigns for ever in Lieu and full satisfaction of all his right
of Common in and upon the said Moors Common and Waste Grounds
of Netherdenton aforesaid as appendant appurtenant or belonging to
the said Messuages Lands and Tenements within the said Manor All
those four parts or parcels of the said Moors Commons and Waste
Grounds of Netherdenton aforesaid as the same are set out thereon
and distinguished in the said plan hereunto annexed with the
numbers of figures – 23 – 24 – 25 – 26 – containing by mensuration
including his encroachments sixty six acres three roods and eleven
47
perches One of which said parcels – No. 23 – containing one rood and
thirteen perches is bounded on the East by the enclosed Lands of the
said Thomas Waugh And on the west by the allotment – No. 27 –
hereinafter set out to John Hodgson Another of which said parcels –
No. 24 – containing twenty acres and three perches is bounded on the
east and south by the road hereinbefore set out leading to Carnetley
On the West by the Allotment – No. 14 – hereinbefore set out to
Thomas Ramshay Esquire and on the North by the aforesaid road
leading to Dixon Clough Head Another of which said parcels – No. 25
– containing eighteen acres three roods and thirty seven perches is
bounded on the east by the Allotment – No. 29 – hereinafter set out to
John Hodgson on the West by the aforesaid road leading to Carnethly
On the North by the said Road leading to Dixon Clough Head and on
the South by the parcel of Common sold and hereinbefore allotted to
John Moses and the other of which said parcels – No. 26 – containing
twenty four acres three roods and thirty one perches is bounded on
the east by the allotment – No. 30 – hereinafter set out to John
Hodgson On the west by the Allotments – Nos 43 and 36 – hereinafter
set out to Thomas Lawson and Hannah his Wife and Joseph
Richardson On the North by an Occupation Road hereinbefore set out
leading from Cashen Clough to the Allotment – No. 2 – hereinbefore set
48
out to the Earl of Carlisle And on the South by the Allotment – No. 10
– hereinbefore set out the Reverend Thomas Rawshay as Rector of
Netherdenton aforesaid – Unto the said John Hodgson his Heirs and
Asigns forever in Lieu and full satisfaction of all his right of Common
in and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant and belonging to
his Messuages Lands and Tenements within the said Manor of
Netherdenton All those four parts or parcels of the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as the same
are set out thereon and distinguished in the said plan hereunto
annexed with the Numbers or figures – 27,28,29, 30 containing
together by mensuration (including the herbage of certain quarry
Ground marked – 12.B – hereinafter mentioned) Seventy three Acres
one rood and twenty six perches One of which said parcels – No. 27 –
containing thirteen Acres two roods and eight perches is bounded on
the East by the Allotment – No. 23 – hereinbefore set out to Thomas
Waugh On the West by the Allotment – No. 31 – hereinafter set out to
Edward Bell On the North by the enclosed Lands of the said John
Hodgson and on the South by the aforesaid road leading to Dixon
Clough Head Another of which said parcels – No. 28 – containing
thirty seven perches is bounded on the North by the enclosed Lands of
49
the said John Hodgson and on the South by the said Road leading to
Dixon Clough Head Another of which said parcels – No. 29 –
containing twenty seven acres three roods and twenty six perches is
bounded on the East by hte Allotment – No. 33 – hereinafter set out to
Edward Bell, on the West by the Allotment – No. 25 – hereinbefore set
out to Thomas Waugh On the North by the aforesaid Road leading to
Dixon Clough Head and on the South by the said parcel hereinbefore
set out to Thomas Waugh ON the North by the aforesaid Road leading
to Dixon Clough Head and on the South by the said parcel of Common
sold and hereinbefore allotted to John Moses and the other of which
said parcels – No. 30 – containing twenty nine acres two roods and
twenty perches is bounded on the East by the Allotment – No. 2 –
hereinbefore set out to the Earl of Carlisle ON the West by the
Allotment – No. 26 – hereinbefore set out to Thomas Waugh on the
north by the road leading from Cashen Clough to the Allotment – No.
2 – hereinbefore st out to the said Earl and on the South by the
Allotment – No. 10 – hereinbefore set out to the Reverend Thomas
Ramshay as Rector of Netherdenton aforesaid and also the pasturage
grass and herbage annually hereafter to grow and arise on the
aforesaid public quarry ground marked 12 B hereinbefore set out Unto
the said Edward Bell his Heirs and Assigns for ever in Lieu and full
50
satisfaction of all his Right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant and belonging to his Messuages Lands and
Tenements within the said Manor of Netherdenton All those four
parts or parcels of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same are set out thereon and
distinguished in the said plan hereunto annexed with the Numbers or
Figures 31,32,33,34, containing together by Mensuration Eight eight
Acres two Roods thirteen perches One of which said parcels – No. 31 –
containing Seven Acres one Rood and thirty four perches is bounded
on the East by the Enclosed Lands of the said Edward Bell and of John
Hodgson And by the Allotment – No. 27 – hereinbefore set out to the
said John Hodgson on the West and South by the aforesaid Road
leading to Dixon Clough Head And on the North by the parcel of
Common sold and hereinbefore allotted to Thomas Ramshay Esquire
Another of which said parcels – No. 32 – containing one Acres three
Roods and Nineteen perches is bounded on the East by the Allotment –
No. 38 – hereinafter set out to Ann Waugh And on the North by the
enclosed Lands of the said Edward Bell Another of which said parcels
– No, 33 – containing Forty nine Acres and thirty one perches is
bounded on the East by the Allotment – No. 35 – hereinafter set out to
51
Joseph Richardson and by the Allotment – No. 39 – hereinafter set out
to Ann Waugh On the West by the Allotment – No. 29 – hereinbefore
set out to John Hodgson and by the aforesaid public quarry marked -
12 B – On the North by the said Road leading to Dixon Clough Head
And on the South by the parcel of Common sold and hereinbefore
allotted to John Moses And the other of which said parcels – No. 34 –
containing by Mensuration Thirty Acres and nine perches is bounded
on the East by the Allotment – No. 2 – hereinbefore set out to the Earl
of Carlisle On the West and North by the Allotment – No. 33 –
hereinafter set out to Andrew Irwin And on the South by the
Allotment – No. 49 – hereinafter set out to Ann Hodgson and by an
Occupation Road leading to the Allotment No 2 – hereinbefore set out
to the Earl of Carlisle Unto the said Joseph Richardson his Heirs and
Assigns for ever in Lieu and full satisfaction of all his Right of
Common in and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant and belonging to
his Messuages Lands and Tenements within the said Manor of
Netherdenton All those two parts or parcels of the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as the same
are set out thereon and distinguished in the said plan hereunto
annexed with the numbers or figures 35 – 36 – containing together by
52
mensuration including his encroachments Five Acres two rood and
thirty six perches One of which – No. 35 – containing two acres one
rood and twenty six perches is bounded on the East by the Allotment –
No. 39 – hereinafter set out to Ann Waugh, on the West and South by
the Allotment – No. 33 – hereinbefore set out to Edward Bell and on
the North by the said Road leading to Dixon Clough Head And the
other of which said parcels – No. 36 – containing two acres two roods
and elelven perches is bounded on the East by the Allotment – No. 26 –
hereinbefore set out to Thomas Waugh On the West by the said Road
leading to Dixon Clough Head on the North by the Allotment = No.
43 – hereinafter set out to Thomas Lawson and Hannah his Wife And
on the South by the Allotment – No. 10 - hereinbefore set out to the
Reverend Thomas Ramshay as Rector of Netherdenton aforesaid
Unto John Bell of Low Lonning in the said Parish of Farlam in the
said County of Cumberland his Heirs and Assigns for ever in Lieu and
full satisfaction of his Right of Common in and upon the Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant and belonging to the said his Messuages
Lands and Tenements within the said Manor of Netherdenton All
that plot or parcel of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same is set out thereon and
53
distinguished in the said plan hereunto annexed with the number of
figures 37 – containing by Mensuration including his encroachments
three roods and five perches and bounded on the east by the
Allotment No 41 hereinbefore set out to Thomas Lawson and Hannah
his wife on the west by the enclosed grounds of Joseph Richardson on
the North by the enclosed lands of the said John Bell and on the South
by the said Road leading to Dixon Clough Head unto the said Ann
Waugh her Heirs and Assigns for ever in Lieu and full satisfaction of
all her right of Common in and upon the said Moors Commons and
Waste Grounds of Netherdenton aforesaid as appendant appurtenant
or belonging to her Messuages Lands and Tenements within the said
Manor of Netherdenton All those three parts or parcels of the said
Moors Commons and Waste Grounds of Netherdenton aforesaid as the
same are set out thereon and distinguished in the said plan hereunto
annexed with the number or figures - 38, 39, 40 – containing together
by mensuration seventeen acres and one rood One of which said
parcels – No. 38 – containing One acre One road and six perches is
bounded on the East by the enclosed Lands of Joseph Richardson on
the West by the Allotment – No. 32 – hereinbefore set out to Edward
Bell on the North by the enclosed Lands of the said Ann Waugh And
on the South by the said road leading to Dixon Clough Head Another
54
of which said parcels – No 39 – containing ten acres two roods and
twenty six perches, is bounded on the East by the Occupation Road
leading to the parcel of Common sold and hereinbefore set out to John
Moses On the West by the Allotments – Nos 33 and 35 – hereinbefore
set out to Edward Bell and Joseph Richardson On the North by the
aforesaid road leading to Dixon Clough Head and on the South by the
said parcel of Common sold and hereinbefore set out to John Moses
and the other of which said parcels – No. 40 – containing Five acres
One Rood and Eight perches is bounded on the East by the Allotment –
No. 57 – hereinafter set out to John Irwin On the West by the
Allotment – No. 67 – hereinafter set out to William Payton and others
On the North by the Allotment – No. 61 – hereinafter set out to Joseph
Addison And on the South by the an Occupation Road leading to the
Allotment – No. 2 – hereinbefore set out to the Earl of Carlisle – Unto
the said Thomas Lawson and Hannah his Wife and the Heirs of the
said Hannah for ever in lieu and full satisfaction of all their and each
of their Right of Common in and upon the said Moors Commons and
Waste Grounds of Netherdenton aforesaid as appendant appurtenant
or belonging to their Messuages Lands and Tenements within the said
Manor of Netherdenton All those three parts or parcels of the said
Moors Commons and Waste grounds of Netherdenton aforesaid as the
55
same are set out thereon and distinguished in the said plan hereunto
annexed with the Numbers of Figures – 41, 42, 43 containing together
by mensuration eighteen acres one rood and twenty five perches One
of which said parcels – No. 41 – containing two acres one rood and
seventeen perches is bounded on the East and South by the aforesaid
road leading to Dixon Clough Head On the North by the said Road
and by the enclosed Lands of the said Thomas Lawson and Wife and
Ann Waugh And on the West by the Allotment – No. 37 – hereinbefore
set out to John Bell - Another of which said parcels – No. 42 –
containing ten acres three roods and ten perches is bounded on the
east by the allotment – no 13 – hereinbefore set out to Thomas
Ramshay Esquire On the west by the occupation road leading to the
aforesaid parcel of common sold and hereinbefore allotted to John
Moses on the north by the said road leading to Dixon Clough Head
and on the South by the said parcel of Common sold and allotted to the
said John Moses And the other of which said parcels – no 43 –
containing five acres and thirty eight perches is bounded on the east
by the allotment – No 26 – hereinbefore set out to Thomas Waugh on
the west by the aforesaid road leading to Dixon Clough Head on the
north by the occupation road leading to the Allotment – No. 2 –
hereinbefore set out to the said Earl of Carlisle and on the south by the
56
allotment – no. 36 – hereinbefore set out to Joseph Richardson - Unto
the said James Elliot his Heirs and Assigns for ever in Lieu and full
satisfaction of all his Right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid and
appendant appurtenant or belonging to his Messuages Lands and
Tenements in the said Manor of Netherdenton All those two parts or
parcels of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same are set out thereon and
distinguished in the said plan hereunto annexed with the numbers or
figures 44, 45 containing together by mensuration forty three acres
and twenty nine perches one of which said parcels – No. 44 –
containing thirteen acres one rood and nine perches is bounded on the
East by the Allotment No. 12 hereinbefore set out to Thomas Ramshay
Esquire, on the west by the Allotment No 9 hereinbefore set out to the
Earl of Carlisle on the North by the aforesaid Military Road and on
the south by the enclosed lands of the said James Elliot and the other
of which said parcels no 45 containing twenty nine acres three roods
and twenty perches is bounded on the east by the Allotment no 61
hereinafter set out to Joseph Addison on the west by the said road
leading to Dixon Clough Head on the north by the aforesaid Military
road and on the south by the Allotment No 67 hereinafter set out to
57
William Payton and others – Unto the said John Boustead his Heirs
and Assigns for ever in Lieu and full satisfaction of all his right of
Common in and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant or belonging to his
Messuages Lands and Tenements within the said Manor of
Netherdenton All that part or parcel of the said Moors Commons and
Waste Grounds as the same is set out thereon and distinguished in the
said plan hereunto annexed by the number or figures – 46 –
containing by mensuration twenty six acres and thirty six perches
and bounded on the east by the Allotment – No. 7 – hereinbefore set
out to the Earl of Carlisle and on the west by the road leading to
Denton Mill and by the Allotment No 4 hereinbefore set out to the
said Earl on the North by the enclosed Lands of the said Earl and the
said John Boustead and on the south by the said Military Road – Unto
the said Ann Hodgson her Heirs and Assigns for ever in Lieu and full
satisfaction of all her right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to her Messuages Lands and
Tenements within the said Manor of Netherdenton All those three
parts or parcels of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same are set out and distinguished in
58
the said plan hereunto annexed by the Numbers or Figures 47, 48, 49
– containing together by mensuration twenty four acres two roods
and thirteen perches One of which said parcels – No. 47 – containing
six acres and eight perches is bounded on the East and North by the
enclosed lands of the said Ann Hodgson, on the west by the allotment –
No. 7 – hereinbefore set out to the Earl of Carlisle and the enclosed
lands of the said Earl and on the south by the aforesaid Military Road
Another of which said parcels – No. 48 – containing eleven acres two
roods and thirty two perches, is bounded on the East by the Allotment
– No. 8 - hereinbefore set out to the Earl of Carlisle on the west by the
occupation road hereinbefore set out and leading to Lowhouses, on the
North by the aforesaid Military Road and on the South by the
enclosed Lands of Edward Bell, and the other of which said parcels –
No. 49 – containing six acres three roods and thirteen perches is
bounded on the east by the Allotment - No 2 - hereinbefore set out to
the Earl of Carlisle on the North by the Allotment - No. 34-
hereinbefore set out to Edward Bell and on the south by the
occupation road leading to the Allotment No. 2 hereinbefore set out to
the Earl of Carlisle – Unto the said Andrew Irwin his Heirs and
Assigns for ever in Lieu and full satisfaction of all his right of
Common in and upon the said Moors Commons and Waste Grounds of
59
Netherdenton as appendant appurtenant or belonging to his
Messuages Lands and Tenements in the said Manor of Netherdenton
All those four parts or parcels of the said Moors Commons and Waste
Grounds of Netherdenton aforesaid as the same are set out and
distinguished in the said plan hereunto annexed by the Number or
Figures – 50, 51, 52, 53 containing together by mensuration including
his encroachments 42a 2r 21p, one of which said parcels – No 50 –
containing 1a 4p, is bounded on the East by the public road leading to
Gilsland Wells on the North and West by the enclosed lands of the said
Andrew Irwin and on the South by the aforesaid Military Road,
Another of which said parcels – No 51 – containing 2a, 2r, & 35p is
bounded on the East by the aforesaid road leading to Birkhurst, on the
West by the enclosed lands of the Earl of Carlisle and the said
Andrew Irwin and on the N by the aforesaid road leading to Denton
Hall, Another of which said parcels – No. 52 – containing 12a 3r & 38p
is bounded on the E and N by the Allotment – No. 63 – hereinafter set
out to John Hull on the W by the sd road leading to Gilsland Wells and
the enclosed lands of the sd Andrew Irwin and on the S by the afsd
Military Rd and the other of which sd parcels – No. 53 – containing
25a and 20p is bounded on the E by the sd Allotment No. 2 hbfre set
out to the sd Earl of Carlisle on the W by the Allotment No 57 hbfre set
60
out to sd John Irwin on the N by the Allotment No 61 hbfre set out to
Joseph Addison and the Allotment No 40 hereinbfre set out to Joseph
Lamb and on the S by the Allotment No 34 hbre set out and allotted to
Edward Bell- Unto the sd John Irwin his Heirs and Assigns for ever
in Lieu and full satisfaction of all his right of Common in and upon the
sd Moors Commons and Waste Grounds of Netherdenton aforesaid
and appendant appurtenant or belonging to his Messuages Lands and
Tenements within the sd Manor of Netherdenton All those four parts
or parcels of the said Moors Commons and Waste Grounds of
Netherdenton afsd as the same are set out thereon and distinguished
in the said plan hereunto annexed by the Numbers or Figures – 54, 55,
56, 57 – containing together by mensuration including his
encroachments 33a 1r 34p, one of which said parcels – No. 54 –
containing one rood -- is bounded on the North by the said road
leading from Birkhurst and on the South by the Dwelling house and
enclosed lands of the said John Irwin, Another of which said parcels –
No. 55 – containing 12a is bounded on the East by the road leading
from Birkhurst to Denton Hall, on the West and South by the enclosed
Lands of the Earl of Carlisle and on the North by the Allotment – No.
59 – hereinafter set out to George Calvert, Another of which said
parcels – No. 56 – containing 5a 38p is bounded on the East by the
61
aforesaid road leading to Birkhurst on the West by the enclosed lands
of the Earl of Carlisle and the said John Irwin and on the S by the sd
road leading to Denton Hall and another of which sd parcels - No 57 –
containing 15a 3r 17p is bounded on the E by the Allotment No 53
hereinbefore set out the Andrew Irwin on the W by the Allotment -
No 40 - hereinbefore set out to Ann Waugh on the North by the
Allotment -No 61 - hereinbefore set out to Joseph Addison and on the
South by the said road leading to the Allotment - No 2 -hereinbefore
set out to the Earl of Carlisle - - Unto the said George Calvert his Heirs
and Assigns for ever in Lieu and full satisfaction of all his right of
Common in and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant or belonging of all
his right of Common in and upon the said Moors Commons and Waste
Grounds of Netherdenton aforesaid as the same are set out thereon
and distinguished in the said plan hereunto annexed by the Numbers
or Figures – 58, 59, 60, - containing together by mensuration 17a 3r 38p
One of which said parcels – No. 58 – containing 2a 2p is bounded on
the East by the enclosed lands of the Earl of Carlisle On the North by
the enclosed Lands of the said George Calvert and on the South by the
road leading to Crakestown - Another of which said parcels – No 59 –
containing 8a 1r 2p is bounded on the East by the aforesaid road
62
leading from Birkhurst to Denton Hall on the West by the enclosed
lands of the Earl of Carlisle on the North by the said Road leading to
Crakestown and on the South by the Allotment - No 55 - hereinbefore
set out to John Irwin, And the other which said parcels - No 60 -
containing 7a 2r 34p is bounded onthe East by the Allotment - No 69 -
hereinafter set out to Adam Thornburn on the South by the Allotment
- No 63 - hereinafter set out to John Hull and on the North and West
by the said road leading to Gilsland Wells -- Unto the said Joseph
Addison his Heirs and Assigns for ever in Lieu and full satisfaction of
all his right of Common in and upon the said Moors Commons and
Waste Grounds of Netherdenton afsd as appendant appurtenant or
belonging to his Messuages Lands and Tenements within the sd Manor
of Netherdenton as the same is set out and distinguished in the sd
plan hereunto annexed by the Numbers or Figures 61 containing by
mensuration 23a 2r 35p and bounded on the E by the Allotment – No
18 – hereinbefore set out to Humble Lamb, on the W by the Allotments
No 15 hbfre set out to Andrew Irwin John Irwin and Ann Waugh and
by the Allotment No 67 hbfre set out to Wm Payton and others – Unto
the sd John Hull his Heirs and Assigns for ever in Lieu and full
satisfaction of all his right of Common in and upon the sd Moors
Commons and Waste Grounds of Netherdenton aforesaid as
63
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the said Manor of Neetherdenton, All those two
parts or parcels of the said Moors Commons and Waste Grounds of
Netherdenton afsd as the same are set out thereon and distinguished
in the said plan hereunto annexed with the Numbers or Figures – 62,
63 – containing together by mensuration 18a 31p One of which sd
parcels – No 62 – containing 12a 1r 6p is bounded on the S E by the
road leading to Gilsland Wells on the W by the sd road leading
Birkhust and on teh N by the Allotments Nos 65 and 68 hereinafter
set out to Joseph Bell and Robert Gardhouse And the other of which
said parcels No 63 containig 5a 3r and 25p is bounded on the E by the
Allotment No 69 hbre set out to Adam Thornburn on the W by the
Allotment No 52 hbre set out to Andrew Irwin on the N by the
Allotment No 60 hbre set out to George Calvert and on the S by the sd
Allotment No 52 hbre set out to sd Andrew Irwin and by the afsd
Military Rd – Unto the sd Joseph Bell his Heirs and Assigns for ever
in Lieu and full satisfaction of all his right of Common in and upon the
sd Moors Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the said Manor of Netherdenton (Except as
hereinafter mentioned) All those two parts or parcels of the said
64
Moors Commons and Waste Grounds of Netherdenton aforesaid as the
same are set out thereon and distinguished in the said plan hereunto
annexed with the Numbers or figures – 64, 65, containing by
mensuration 6a. 3r. & 16p,, one of which said parcels – No. 64 –
containing 5 p. Is bounded on the E by the enclosed Lands of William
Payton and others on the W by hte enclosed Lands of Robert
Gardhouse, on the N by a close called Crow’s Dykes hereinafter
mentioned given in Exchange by the Earl of Carlisle to the said Joseph
Bell and on the S by the afsd public road leading to Gilsland Wells, and
the other of which sd parcels, No. 65 – containing 6a. 3r. 11p. Is
bounded on the E by the Allotment No 68 hafr set out to Robert
Gardhouse, on the W by the sd road leading to Birkhurst, on the N by
the sfst Close called Crow’s Dykes And on the S by the Allotment No
62 hbfre set out to John Hull – Unto the sd Wm Payton and Mary his
Wife Robert Mitchell and Isabella his Wife, William Russell and Mary
his Wife and Margaret Bell Spinster and to the Heirs and Assigns of
the sd Mary Payton, Isabella Mitchell, Mary Russell and Margaret
Bell for ever as tenants in Common and not as Jointenants in Lieu and
full satisfaction of all their and each and every of their right of
Common in and upon the said Moors Commons and Waste Grounds of
Netherdenton afsd as appendant appurtenant or belonging to the
65
Messuages Lands and Tenements held by them as tenants in Common
other otherwise within the said Manor of Netherdenton All those two
parts or parcels of the sd Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same are set out thereon and
distinguished in the sd plan hereunto annexed with the numbers of
figures 66,67 containing together by mensuration 57a. 1r. & 23p. One of
which sd parcels – No. 66 – containing 39a. 3r. & 35p. is bounded on the
E by the public Quarry marked – 12A – hbre set out and, Also by the
Allotment No 19 hbre set out to Joseph Lamb, on the W by the
Allotment No 69 hereaftr set out to Adam Thornburn, on the N by
the enclosed Lands of the sd Adam Thornburn, Joseph Lamb, Wm
Payton and others And on the S by the afsd Military Road and by the
afsd public quarry marked – 12A- And the other of which parcels – No
67 – containing 17a. 1r. & 28p is bounded on the E by the Allotment No
40 hbre set out to Ann Waugh on the W by the Road leading from the
afsd Military Road to Dixon Clough Head on hte N by the Allotments
Nos 45 and 61 hbre set out to James Elliot and Joseph Addison and on
the S by the afsd occupation road leading to the Allotment No 2 hbfre
set out to the Earl of Carlisle and also the pasturage grass and herbage
annually hereafter to grow and arise on the afsd public quarry
ground marked 12A hbre set out – Unto the sd Robert Gardhouse his
66
Heirs and Assigns for ever in Lieu and full satisfaction of all his right
of Common in and upon the sd Moors Commons and Waste Grounds of
Netherdenton afsd as appendant appurtenant or belonging to his
Messuages Lands and Tenements within the sd Manor of
Netherdenton, All that part or parcel of the said Moors Commons and
Waste Grounds in the sd Manor of Netherdenton afsd as the same is
set out thereon and distinguished in the sd plan hereunto annexed
with the number or figures – 68 – containing together by mensuration
including his encroachments 1 a. 1 r. And 31 p. And bounded on the E
by the sd road leading to Gilsland Wells, on the W by the Allotment –
No. 65 – hbfre set out to Joseph Bell, on the N by the enclosed Lands of
the said Robert Gardhouse and by the afsd close called Crow’s Dykes
And on the S by the Allotment – No. 62 – hereinbefore set out to John
Hull – Unto the said Adam Thornburn his Heirs and Assigns for ever
in Lieu and full satisfaction of all right of Common in and upon the sd
Moors Commons and Waste Grounds of Netherdenton afsd as
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the sd Manor of Netherdenton, All that part or
parcel of the sd Moors Commons and Waste Grounds of Netherdenton
afsd as the same is set out theron and distinguished in the sd plan
hereunto annexed with the number or figures – 69 - containing by
67
mensuration 2a. 2r. & 5p. and bounded on the East by the enclosed
Lands of the said Adam Thornburn and the Allotment - No 66 –
hereinbefore set out to William Payton and others And on the West by
the Allotments – Nos 60 and 63 – hereinbefore set out to George
Calvert and John Hull on the North by the said road leading to
Gilsland Wells and on the South by the aforesaid Military Road Unto
the said George Barnfather his Heirs and Assigns for ever in lieu and
full satisfaction of all his right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands or
Tenements within the said Manor of Netherdenton, All that said part
or parcel of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as the same is set out thereon and
distinguished in the said plan hereunto annexed with the numbers or
figures – 70 – containing by mensuration 23 acres 3 roods and 21
perches and bounded on the East by the Allotment – No 17 –
hereinbefore set out to Humble Lamb and on the West by the road
leading to Denton Sonning Head, on the north by the allotments – nos
74 and 75 – hereinafter set out to John Gardhouse and William
Richardson and by the allotment – no. 11 – hereinbefore set out to The
Reverend Thomas Ramshay and on the South by the Allotment – No.
68
72 – hereinafter set out to William Hutton -----Unto John Bell of
Sandhill in the Parish of Brampton in the County of Cumberland
Gentleman his Heirs and Assigns for ever in lieu and full satisfaction
of all his right of Common in and upon the said Moors Commons and
Waste Grounds of Netherdenton aforesaid as appendant appurtenant
or belonging to his Messuages Lands and Tenements within the said
Manor of Netherdenton All that part or parcel of the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as the same
is set out and distinguished in the said plan hereunto annexed with
the numbers or figures – 71 – containing by mensuration 36 acres two
roods and 32 perches and bounded on the East by the Allotment – No.
17 – hereinbefore set out to Humble Lamb on the West by the aforesaid
road leading to Denton Sonning head, on the North by the Allotment
– No. 72 – hereinbefore set out to William Hutton and on the South by
the Allotment – No. 20 – hereinbefore set out to Joseph Lamb – Unto
William Hutton his Heirs and Assigns for ever, in lieu and full
satisfaction of all his right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the said Manor of Netherdenton All that part or
parcel of the said Moors Commons and Waste Grounds as is set out
69
and distinguished in the said plan hereunto annexed with the figures
or numbers – 72 – containing by mensuration 43 acres 3 roods and 13
perches and bounded on the East by the said Allotment hereinbefore
set out to Humble Lamb, on the West by the said road leading to
Denton Sonning head, on the North by the Allotment hereinbefore set
out to George Barnfather, and on the South by the Allotment – No. 71 –
hereinbefore set out to John Bell unto the said George Gardener in lieu
and full satisfaction of all his right of Common in and upon the said
Moors Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands and
Tenements in and upon the said Manor of Netherdenton All those
parts or parcels of the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as are set out and distinguished in the said
plan hereunto annexed with the numbers or figures – 73, 74 –
containing by mensuration together by mensuration including his
encroachments 32 acres 2 roods and 3 perches – one of which said
parcels – No. 73 – is bounded on the South East by the Allotment – No.
19 – hereinbefore set out to Joseph Lamb, on the South West by the
enclosed lands of John Gardhouse and the other of which said parcels –
No. 74 – containing 31 acres 3 roods and 21 perches is bounded on the
East by the Allotment – No. 75 – hereinafter set out to William
70
Richardson, on the West by the said road leading to Denton Sonning
head, on the North by the enclosed Lands of the said John Gardhouse
and William Richardson and on the South by the Allotment – No. 70 –
hereinbefore set out to George Barnfather ---Unto the said William
Richardson his Heirs and Assigns for ever in Lieu and full satisfaction
of all his Right of Common in and upon the said Moors Commons and
Waste Grounds of Netherdenton aforesaid as appendant appurtenant
or belonging to his Messuages Lands and Tenements in the said Manor
of Netherdenton All that part or parcel of the said Moors Commons
and Waste Grounds of Netherdenton aforesaid as the same is set out
thereon and distinguished in the said plan hereunto annexed with the
numbers or figures – No. 75 – containing by mensuration 20 acres 3
roods and 20 perches and bounded on the East by the Allotment – No.
11 – hereinbefore set out to the Reverend Thomas Ramshay on the
West by the Allotment – No. 74 – hereinbefore set out to John
Gardhouse on the North by the enclosed lands of the Earl of Carlisle
and the said William Richardson and on the South by the Allotment
hereinbefore set out to William Barnfather Unto [illegible] of [illegible]
in the said County of Cumberland his Heirs and Assigns for ever in
lieu and full satisfaction of all his right of Common in and upon the
said Moors Commons and Waste Grounds of Netherdenton aforesaid
71
as appendant appurtenant or belonging to his Messuages Lands and
Tenements in the said Manor of Netherdenton All that part or parcel
of the said Moors Commons and Waste Grounds of Netherdenton
aforesaid as the same is set out and distinguished in the said plan
hereunto annexed with the number or figure – 76 – containing 3 acres
1 rood and 17 perches and bounded on the West and South by the
Allotment – No. 11 – hereinbefore set out to the Reverend Thomas
Ramshay and on the north by the enclosed lands of Thomas Whitfield
and the said John Bell –unto the said Mary Whitfield her heirs and
assigns for ever in lieu and full satisfaction of all her right of common
in and upon the said Moors Commons and Waste Grounds of
Netherdenton aforesaid as appendant appurtenant or belonging to
her Messuages Lands and Tenements within the said Manor of
Netherdenton all that part or parcel of the said Moors Commons and
Waste Grounds as is set out and distinguish in the said plan hereunto
annexed with the numbers or figures – 77 – containing by
mensuration 9 acres and 9 perches and bounded on the east by the
enclosed lands of the said Mary Whitfield and on the west by the
allotment – No. 11 – hereinbefore set out to the Reverend Thomas
Ramshay on the north by the enclosed lands of the Earl of Carlisle and
Thomas Whitfield and on the south by the Allotment – No. 17 –
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hereinbefore set out to Humble Lamb -------Unto the said Robert
Warwick Esquire his Heirs and Assigns for ever in lieu and full
satisfaction of all his right of Common in and upon the said Moors
Commons and Waste Grounds of Netherdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the said Manor of Upperdenton All that part or
parcel of the said Moors Commons and Waste Grounds of
Upperdenton aforesaid as the same is set out and distinguished in the
said plan hereunto annexed with the numbers or figures 78 containing
by mensuration 3 acres and 19 perches and bounded on the east by the
road leading to Upperdenton on the west by the allotment – No. 1 –
hereinbefore set out to the Earl of Carlisle on the north by the
allotment – No. 87 – hereinafter set out to William Leach and on the
south by the allotment – No. 83 – hereinbefore set out to John Elliott ----
--Unto the said John Richardson his Heirs and Assigns for ever in Lieu
and full satisfaction of all his right of Common in and upon the said
Moors Commons and Waste Grounds of Upperdenton aforesaid as
appendant appurtenant or belonging to his Messuages Lands and
Tenements within the said Manor of Upperdenton All those two parts
or parcels of the said Moors Commons and Waste Grounds as are set
out and distinguished in the said plan hereunto annexed with the
73
numbers or figures – 79, 80 – containing together by mensuration
including his encroachments 4 acres 1 rood and 12 perches one of
which said parcels – No. 79 – containing 34 perches is bounded on the
east by the Allotment – No 89 – hereinbefore set out to Joseph Leach
on the west by the Allotment – No. 81 – hereinafter set out to John
Jameson on the north by the enclosed lands of the said John
Richardson and on the south by the Allotment – No. 1 – hereinbefore
set out to the Earl of Carlisle and the other of which said parcels – No.
80 – containing by 2 acres 3 roods and 22 perches is bounded on the
east by the Allotment – No. 91 – hereinafter set out to Mary Thompson
On the West by the enclosed lands of the Earl of Carlisle on the North
by enclosed lands of the said John Richardson And on the South by the
Allotment – No 1 – hereinbefore set out to the Earl of Carlisle --------
Unto the said Philip Bell his Heirs and Assigns for ever in Lieu and
full satisfaction of all his right of Common in and upon the said Moors
Commons and Waste Grounds of Upperdenton aforesaid as appendant
appurtenant and belonging to his Messuages Lands and Tenements
within the said Manor of Upperdenton All that part or parcel of the
said Moors Commons and Waste Grounds as is set out and
distinguished in the said plan hereunto annexed with the numbers or
figures – 89 – and containing by mensuration [illegible] bounded on
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the East by the road leading to Upperdenton, on the west thereof by
the Allotment – No. 1 – hereinbefore awarded to the Earl of Carlisle
and on the north by the Allotment – No. 83 – hereinafter set out to
John Elliott unto the said John Elliott his Heirs and Assigns for ever
in Lieu and full satisfaction for all his right of Common in and upon
the said Moors Commons and Waste Grounds of Upperdenton
aforesaid as appendant appurtenant or belonging to his Messuages
Lands and Tenements within the said Manor of Upperdenton All that
part or parcel of the said Moors Commons and Waste Grounds of
Upperdenton aforesaid as the same is hereinafter set out and
distinguished in the said plan hereunto annexed by the numbers or
figures – 83 – containing by mensuration 2 acres 2 roods and 20
perches and bounded on the east by the said road leading to
Upperdenton on the west by the Allotment – No. 1 – hereinbefore set
out to the Earl of Carlisle on the north by the Allotment – No. 70 –
hereinbefore set out to Robert Warwick and on the south by the
Allotment – No. 82 – hereinbefore set out to Philip Bell -----Unto the
said Philip Leach his Heirs and Assigns for ever in lieu and full
satisfaction for all his right of Common in and upon the said Moors
Commons and Waste Grounds of Upperdenton aforesaid as appendant
appurtenant or belonging to his Messuages Lands and Tenements
75
within the said Manor of Upperdenton, All those four parts or parcels
of the said Moors Commons and Waste Grounds or Upperdenton
aforesaid as the same are set out thereon and distinguished in the said
plan hereunto annexed with the numbers or figures – 84, 85, 86, 87 –
containing together by mensuration two acres, one of which said
parcels – No. 84 – containing 14 perches is bounded on the North and
East by the enclosed Lands of the said William Leach and by Temmon
Beck otherwise Poltross and on the South West by the said Road
leading to Upperdenton Another of which said parcels – No. 85 –
containing four perches is bounded on the north east by the enclosed
Lands of the enclosed lands of the said William Leach and on the south
and west by the said Road leading to Upperdenton Another of which
said parcels – No. 86 – containing two roods and twenty perches is
bounded on the east by the enclosed lands of the said William Leach on
the west by the said road leading to Upperdenton on the north by the
Allotment – No. 90 – hereinafter set out to Joseph Leach and the other
of which said parcels – No. 87 – containing one acre one rood and two
perches is bounded on the east by the aforesaid road leading to
Upperdenton on the west by the Allotment – No. 1 – hereinbefore set
out to the Earl of Carlisle on the north by the Allotment – No. 89 –
hereinafter set out to Joseph Leach and on the south by the allotment –
76
No. 78 – hereinbefore set out to Robert Warwick --- Unto the said
Joseph Leach his Heirs and Assigns for ever in lieu and full
satisfaction for all his right of Common in and upon the said Moors
Commons and Waste Grounds of Upperdenton aforesaid as appendant
appurtenant or belonging to his Messuages Lands and Tenements
within the said Manor of Upperdenton All those three parts or parcels
of the said Moors Commons and Waste of Upperdenton aforesaid as
the same are set out thereon and distinguished in the said plan
hereunto annexed with the numbers or figures – 88, 89, 90 –
containing together by mensuration two acres two roods and twenty
one perches One of which said parcels – No. 88 – containing eighteen
perches is bounded on the east and south by the allotment – No. 81 –
hereinbefore set out to John Jameson and on the North by the enclosed
lands of the said Joseph Leach, another of which said parcels – No. 89 –
containing two acres and twenty eight perches is bounded on the east
by the aforesaid road leading to upperdenton on the west by the
Allotment – No. 1 – hereinbefore set out to the Earl of Carlisle On the
north by the enclosed lands of the said Joseph Leach and the said road
leading to Upperdenton and on the south by the Allotment – No. 87 –
hereinbefore set out to William Leach and the other of which said
parcels – No. 90 – containing one rood and fifteen perches is bounded
77
on the east by the enclosed lands of the said Joseph Leach on the West
by the said road leading to Upperdenton and on the south by the
Allotment – No. 86 – hereinbefore set out to William Leach And unto
the said Mary Thompson her Heirs and Assigns for ever in lieu and
full satisfaction for all her right of Common in and upon the said
Moors Commons and Waste Grounds of Upperdenton aforesaid as
appendant appurtenant or belonging to her Messuages Lands and
Tenements within the said Manor of Upperdenton All that part or
parcel of the said Moors Commons and Waste Grounds of
Upperdenton aforesaid as the same is set out thereon and
distinguished in the said plan hereunto annexed with the numbers or
figures – 91 – containing by mensuration twenty two perches and
bounded on the east and south by the Allotment – No. 1 – hereinbefore
set out to the Earl of Carlisle and in the west by the Allotment – No.
80 – hereinbefore set out to John Richardson And whereas under and
by virtue of the powers contained in the above recited Act the said
Frederick Earl of Carlisle hath by and with our consent and
approbation made an exchange with Joseph Bell of ?Fairlain in the
said County of Cumberland that is too say the said Earl has given to
the said Joseph Bell a certain ancient close or parcel of his inclosed
ground called Crows Dykes situation at High Broom Hill in the parish
78
of Netherdenton aforesaid containing by mensuration seven acres two
roods and seven perches in Exchange for a quantity of the said Moors
Commons and Waste Grounds equivalent in value to the said ancient
close or inclosure and to be taken from the Share or Right of Common
of the said Joseph Belln and to be by us allotted to the said Frederick
Earl of Carlisle in Exchange for the said ancient inclosure and
whereas the said Earl has also with our consent and approbation
made one other exchange with Andrew Irwin of Low Row in the
County that is to say the said Earl hath given to the said Andrew
Irwin and his heirs a small ancient inclosure or parcel of ground
adjoining to the Military Road at Low Row aforesaid containing by
mensuration one rood and twenty nine perches in exchange for a
quantity of the said Moors Commons and Waste Grounds equivalent
in value to the said ancient enclosed parcel of ground and to be taken
from the share or right of common of said Andrew Irwin and to be
allotted by us to the said Earl of Carlisle in exchange for the said
ancient enclosed parcel of ground And whereas we have in pursuance
of such exchanges taken such parts or portions from off the shares or
allotments of common of the said Joseph Bell and Andrew Irwin
respectively as were and are equivalent in value to the said ancient
lands so by them received in exchange respectively as aforesaid and
79
have allotted such parts or portions of common so given in exchange
respectively unto the said Frederick Earl of Carlisle the same parts or
portions being included in the general allotment hereinbefore made to
the said Earl We do therefore hereby confirm the said exchanges
respectively AND we do also order and award that all the allotments
and appropriations hereinbefore made shall be construed and taken to
be freehold to all intents and purposes whatsoever according to the
directions of the said Act AND also that all Incroachments heretofore
made upon the said Moors Commons and Waste Grounds be and
remain the properties of the several persons their Heirs and Assigns
who have inclosed the same unless otherwise above set forth the said
Incroachments being included in the quantities hereinbefore set out
unto them respectively AND we do also order award direct and
appoint that the several persons (the aforesaid purchasers of land sold
for the payment of expenses as well as others) who have shares
or allotments hereinbefore set out unto them their Heirs and Assigns
(the Rector of Netherdenton only excepted) do and shall make erect
and set up good and sufficient new hedges or fences upon the said
Moors Commons and Waste Grounds and plant the same with good
and sufficient thorn and other quick plants (if they make the said
fences of earth) in all places where they adjoin upon any roads public
80
or private Quarry Grounds Watering places for cattle or grounds
hereinbefore set out for getting sand gravel or other materials for
repairing the Roads either public or private within the said respective
Manors, and that the said several persons their heirs and assigns
respectively do and shall for ever hereafter maintain and repair such
hedges and fences respectively, AND also that they and their several
Heirs and Assigns (the said Rector only excepted) do and shall also
make erect good and sufficient new hedges or fences upon the said
Moors Commons and Waste Grounds and plant the same with good
and sufficient thorn or other quick plants as aforesaid (if they make
the same of earth) in all other places hereinafter mentioned and
assigned to them respectively between their respective shares and the
shares of other proprietors and that they their Heirs and Assigns
respectively do and shall for ever hereafter maintain and repair the
same (that is to say) the said Frederick Earl of Carlisle between his
allotment No. 1 and the allotments of Philip Bell No. 82 John Elliot No.
83 Robert Warwick esquire No. 78 William Leach No. 87 Joseph Leach
No. 89 John Richardson No. 79 John Jameson No. 81 and Mary
Richardson No. 80 beginning at the west end of the said John
Richardson’s last mentioned allotment and extending to the distance
of six chains and eighty links also between the said Earl’s Allotment –
81
No. 2 – and the allotment of the Reverend Thomas Ramshay from the
corner of the said John Hodgson’s Allotment to the North East corner
of the said Reverend Thomas Ramshay’s Allotment – No. 10 – Also
between his the said Earl’s Allotment – No. 3 – and the Allotment of
Thomas Ramshay Esquire – No. 15 – and between the said Earl’s
Allotment – No. 7 – and the allotment of John Boustead – No. 46 and
Ann Hodgson – No. 47 – and between the said Earl’s allotment – No. 8
– and the allotment of Ann Hodgson – No. 18 – and between his the
said Earl’s allotment – No. 8 – and the Allotment of Ann Hodgson –
No. 18 – and between his the said Earl’s Allotment – No. 9 – and the
Allotment of James Elliot – No. 44 – The said Thomas Ramshay
Esquire between his Allotment – No. 13 – and the Allotments of
Thomas Lawson and Hannah his Wife – No. 12 – and of Thomas
Ramshay Clerk – No. 10 – Also between his Allotment – No. 14 – and
the Allotment of Thomas Waugh – No. 24 – The said Humble Lamb
between his Allotment – No. 18 – and the Allotment of Joseph Addison
– No. 61 – Andrew Irwin - No. 53 – and Lord Carlisle – No. 2 – The said
Joseph Lamb Esquire between his Allotment – No. 21 – and the
Allotment of himself and Alice Ashworth – No. 22 - Also between his
Allotment – No. 19 – and the Allotment of John Gardhouse – No. 73 –
Also between his Allotment – No. 20 – and the Allotment of Humble
82
Lamb – No. 17 – The said Thomas Waugh between his Allotment – No.
23 – and the Allotment of John Hodgson- No. 27 – and between his the
said Thomas Waugh’s Allotment – No. 26 – and the Allotments of the
Reverend Thomas Ramshay – No. 10 – Joseph Richardson – No. 36 –
and Thomas Lawson and Wife – No. 43 – The said John Hodgson
between his Allotment – No. 27 – and the Allotment of Edward Bell –
No. 31 – Also between his the said John Hodgson’s Allotment – No. 28 –
and the Allotment of the said Edward Bell – No. 32 – Also between the
said John Hodgson’s Allotment – No. 29 – and the Allotment of
Thomas Waugh – No. 25 – Also between the public Freestone Quarry
marked - 12B – and the Allotment of Edward Bell – No. 33 – And Also
between his the said John Hodgson’s Allotment – No. 30 and the
Allotments of the Rector of Netherdenton aforesaid – No. 10 – and of
Thomas Waugh – No. 26 –- The said Edward Bell between his
Allotment – No. 33 – and the West side of the Allotment of Joseph
Richardson – No. 35 – and between his the said Edward Bell’s
Allotment – 34 – and the private occupation road part of the
Allotment of Andrew Irwin – No. 53 –-- The said Joseph Richardson
between the south end of his Allotment – No. 35 – and the Allotment of
Edward Bell – No. 33 – Also between his said Allotment – No. 35 – and
the Allotment of Ann Waugh – No. 39 – and between his the said
83
Joseph Richardson’s Allotment – No. 36 – and the Allotment of the
Rector of Netherdenton – No. 10 --- The said John Bell of Low Lonning
between his Allotment – No. 37 – and the Allotment of Thomas Lawson
and Wife – No. 41 – The said Ann Waugh between her Allotment – No.
38 – and the Allotment of Edward Bell – No. 32 – Also between her
Allotment – No. 40 – and the Allotment of John Irwin – No. 57 – The
said Thomas Lawson (in right of his Wife) between his Allotment – No.
43 – and the Allotment of Joseph Richardon – No. 36 - --The said James
Elliot between his Allotment – No. 44 – and the Allotment of Thomas
Ramshay Esquire – No. 12 – Also between his the said James Elliot’s
Allotment – No. 45 – and the Allotment of William Payton and others
– No. 67 - - The said John Boustead between his Allotment – No. 46 –
and the Allotment of Lord Carlisle – No. 4 - -The said Ann Hodgson
between her Allotment – No. 49 – and the Allotment of Edward Bell –
No. 34 - --The said Andrew Irwin between his Allotment- No. 50 – and
the Allotment of Ann Hodgson – No. 47 – Also between his Allotment
– No. 52 – and the Allotment of John Hull – No. 63 – and between his
the said Andrew Irwin’s Allotment – No. 53 – and the Allotment of
Edward Bell – No. 34 - - The said John Irwin between his Allotment –
No. 55 – and the Allotment of George Calvert – No. 59 – and between
his the said John Irwin’s Allotment – No. 57 – and the Allotment of
84
Andrew Irwin – No. 53 ---The said George Calvert between his
Allotment – No. 60 – and the Allotment of Adam Thornburn – No. 69
– The said Joseph Addison the whole of the hedges or Fences on the
West and south sides of his Allotment – No. 61 – The said John Hull
between his Allotment – No. 63 – and the Allotment of George Calvert
– No. 60 – and Adam Thornburn – No. 69- --The said Joseph Bell
between his Allotment – No. 65 – and the Allotments of John Hull –
No. 62 – and Robert Gardhouse – No. 68 - --The said William Payton
and others between their Allotment – No. 66 – and the Allotment of
Joseph Lamb Esquire – No. 19 – Also between the public Freestone
Quarry marked – 12A – and the said Allotment of the said Allotment
of Joseph Lamb – No. 19 – And between their Allotment – No. 67 – and
the Allotment of Ann Waugh – No. 40 - --The said Robert Gardhouse
between his Allotment – No. 68 – and the Allotment of John Hull – No.
62 – The said Adam Thornburn between his Allotment – No. 69 – and
the Allotment of William Payton and others – No. 66 - -The said
George Barnfather between his Allotment – No. 70 – and the
Allotments of William Hutton – No. 72 - and Humble Lamb – No. 17 - --
The said John Bell of Sandhill between his Allotment – No. 71 – and the
Allotments of Joseph Lamb – No. 20 – and Humble Lamb – No. 17 - --
The said William Hutton between his Allotment – No. 72 – and the
85
Allotments of John Bell – No. 71 – and Humble Lamb – No. 17 – The
said John Gardhouse between his Allotment – No. 71 and the
Allotment of George Barnfather [4] – No. 70 – and also eighty yards in
length [illegible.................] Allotment of the said John Gardhouse No. 74 –
and George Barnfather – No. 70- except as to the eighty yards last
before mentioned and John Bell of Banks between his Allotment – No.
76 - and the Allotment of the Rector of Netherdenton – No. 11 – the
said Mary Whitfield between her Allotment – No. 77 – and the
Allotments of the Rector of Netherdenton – No. 11 - and Humble Lamb
– No. 17- The said Joseph Lamb and Alice Ashworth between their
Allotment – between their Allotment – No. 22 – and the Allotment of
Lord Carlisle – No. 1 – The said Robert Warwick Esquire between his
Allotment No. 78- and the Allotment of William Leach – No. 87 – the
said John Richardson between his Allotment – No. 79 – and the
Allotments of John Jameson – No. 81 – and Joseph Leach – No. 89 –
Also between the said John Richardson’s Allotment – No. 80 – and the
Allotment of Lord Carlisle – No. 1 – beginning at the distance of six
chains and eighty links from the west end of his Allotment – No. 83 –
and also between his Allotment – No. 80 – and the Allotment of Mary
Thompson – No. 91 - --The said John Jameson between his Allotment –
No. 81 – and the Allotment of Joseph Leach – No. 88- The said Philip
86
Bell between his Allotment – No 82 and the Allotment of John Elliot –
No. 83 – The said John Elliot between his Allotment – No. 83 – and the
Allotment of Robert Warwick – No. 78 – The said William Leach
between his Allotment No. 86 – and the Allotment of Joseph Leach -
No. 90 – The said Joseph Leach between his Allotment – No. 89 – and
the Allotment of William Leach – No. 87 – The said Mary Thompson
between her Allotment – No. 91 – and the occupation road leading to
and being part of the Allotment of John Jameson – No. 81 – and also
across the south end of her said Allotment adjoining to the Allotment
of the Earl of Carlisle – No. 1 – The said John Moses entirely around
the whole of the plot or parcel of Ground marked AA sold and
hereinbefore allotted to him (Except on the South side thereof where
the same adjoins to ancient Inclosures) –The said Thomas Ramshay
Esquire between his purchased Allotment marked BB and the
Allotment of Edward Bell – No. 31 --- The said John Armstrong
between his purchased Allotment – DD – and the Allotment of the
Earl of Carlisle – No. 1 – of Joseph Lamb – No. 21 – and of the said
Joseph Lamb and Alice Ashworth – No. 22 – And whereas we have in
pursuance of the direction contained in the said Act caused the
Allotments hereinbefore set out to the said Thomas Ramshay Clerk as
Rector of Netherdenton in right of the church to be enclosed and
87
fenced in the manner directed by the said Act Wherefore we do
hereby award and order that the said Thomas Ramshay Clerk and his
successors Rectors of Netherdenton aforesaid for the time being shall
for ever hereafter maintain and keep in repair the hedges and fences
following, that is to say, the whole of the hedge or fence between his
Allotment – No. 11 – and the Allotments of William Richardson – No.
75 – George Barnfather – No. 70 – and Humble Lamb – No. 17 – Also
we do award and order that the several persons and their Heirs to
whom the herbage of any public quarry or gravel ground hath
hereinbefore been allotted shall either fence off the said public ground
from their adjoining allotments or effectual ascertain and mark out
the same by good and sufficient lasting stones or other Landmarks
AND we do also award order direct and appoint that all the said
hedges and fences be made and completed on or before the twenty
ninth day of September now next ensuing the date of these presents
and that the said hedges and fences and the ditches thereto belonging
be made and cut upon the Allotments of the several persons who are
herein ordered to make and raise the same without any allowance
from his her or their neighbours or the said roads for or in respect of
the said fences hedges or ditches and that all right of common in and
upon the said Moors Commons and Waste Grounds from and after the
88
time limited and preserved by the said Act shall cease and be for ever
afterwards barred and extinguished, And also that convenient Gaps
or openings be left in the said fences and inclosures till the said twenty
ninth day of September now next ensuing the date hereof for the
passage of cattle carts and carriages for the carriage of materials for
erecting or raising hedges or buildings upon the said Moors Commons
and Waste Grounds And for all other necessary purposes, And Also
that no Lambs or Sheep depastured or kept in any of the said new
Inclosures on the said Moors Commons and Waste Grounds during the
space of seven years from the execution of this Award except upon
such terms and conditions as are set forth in the said Act And that
any person or persons offending herein be liable to such punishments
and subject to make such satisfaction to the person or persons injured
thereby and in such manner as in the said Act is particularly set
forth, And Also that none of the persons who have any share or
allotment of common hereinbefore set out unto ..........shall at any time
or times hereafter ....sheep or other goods.......or private........stray into
any of the said......or into any watering places Quarry grounds or
gravel pits set apart for public use so to [extinguish?] ......such cattle or
other ...to the said watering places to water there .........without any
unnecessary delay and not suffer to remain or ...there ---And also that
89
any Coal Lead Tin Copper Stone ...Mineral or Metals within or under
the said Moors Commons and Waste Grounds [to be?] inclosed under
the said Act (save and except the stones in the public Stone Quarries
set out as aforesaid) As Also all [Seignories?] Royalties Franchises and
Liberties and all Seignorial rights of what nature or kind soever
incident or belonging to the said Manors respectively be reserved unto
the said Frederick Earl of Carlisle Lord of the said Manors his Heirs
or Assigns or to the Lord or Lords Lady or Ladies of the said Manors
for the time being in as full ample and beneficial a manner as he the
said Earl or any of his Ancestors heretofore could or might have
enjoyed the same as is more particularly set forth in the said Act
together with all such necessary and convenient Ways Wayleaves and
Liberties as is therein also mentioned and set forth, He the said Earl of
Carlisle his Heirs or Assigns or the Lord or Lords Lady or Ladies of the
said Manors for the time being making such satisfaction for such
damage as may from time to time be sustained in winning working
and leading away any such Coals Lead Tin Copper Stones Slate
Minerals or Metals as is and are directed in and by the said Act in
that behalf –Also we do hereby Award Order and direct that in all
cases and at all times when there shall be any standing water in or
upon any of the said Allotments the owners or occupiers thereof shall
90
cast and cleanse their ditches so as to carry off such water and
prevent it watering the adjoining land of any other person And the
owner or occupier of any such Allotment so damaged by any such
standing water shall and may and is hereby authorized to cut a drain
or gutter in the most suitable place in his own land to carry the same
water unto the next adjoining Allotment and the Owner or Occupier
of such adjoining Allotment shall and is hereby required in such case
to cut a watercourse into and through the said land and the next and
every succeeding Owner or Occupier of each adjoining Allotment shall
do the same until such water be entirely carried off ---And we do
hereby Award and Order that the Owners of the said Allotments –
Nos. 43, 26, 30 hereinbefore set out to the said Thomas Lawson and
Hannah his Wife Thomas Waugh and John Hodgson respectively shall
and may at any time or times hereafter either erect hedges or fences
on the North sides of their said Allotments as hereinbefore ordered or
in Lieu thereof only erect...good and sufficient gates at the entrance of
such respective Inclosures across the said Road leading from Castle...to
the said Earl of Carlisle’s...marked -2- as they shall think fit (anything
hereinbefore contained to the contrary notwithstanding) –And Also
we do hereby award and order that that said Edward Bell and his
Heirs do andn shall on or before the twenty first day of September
91
next cut and for ever thenceforth cleanse and keep open a straight
and sufficient drain or watercourse from ....across his allotment of
common – No. 31 – to the entrance of the bridge lately erected across
the rivulet called Mill ...In Witness whereof we the said Thomas
Lawson, James Boustead and John Norman the Commissioners
aforesaid have to this our Award contained in twenty four skins of
parchment set our hands and seals this twenty first day of April in
the year of Our Lord One thousand eight hundred.
[Attestation on final skin illegible]