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Enclosure of the Open fields

In 1772 an Act of Parliament was passed enabling the enclosure of the open fields and commons of Terrington and appointing commissioners to carry out a survey and to decide on the allotment of the land to individual owners. In 1779 the Enclosure Commissioners published their findings.

Enclosure Act 1772

The Act of Parliament for dividing, inclosing and draining, the Open Fields, Common Pastures, and Moors or Commons, in the Township and Parish of Terrington, in the North Riding of the County of York, 1772 is available as a pdf file (this opens into a new tab).

Commissioners’ Award 1779

This document starts with the sworn declarations of the four commissioners and goes on to describe the public and private roads which must be kept open and then the land to be allotted to the various owners. There is no map to accompany the findings.

Transcription by Gerry Bradshaw and Jane Hanstock:

I John Outram do Swear that I will faithfully, Impartially and honestly, according to the best of my Skill and Judgment, execute the Trusts reposed in me as a Commissioner by virtue of an Act of Parliament for dividing allotting Inclosing and Draining the Open Fields Common Pastures and Moors or Commons in the Township and Parish of Terrington in the North Riding of the County of York and for other purposes therein mentioned without favour or affection to any Person whomsoever.

Sworn the 22nd day of June in the Year of our Lord 1772 before us
Witness D.d Lambert John Graves Christ.r Wilkinson
John Outram

[note in margin] John Outram eal. Commissioners Their Oaths - for Terrington Enclosure Entd at Length the 28th July 1779 at 3 in the afternoon

I John Graves do Swear that I will faithfully, Impartially and honestly, according to the best of my Skill and Judgment, execute the Trusts reposed in me as a Commissioner by virtue of an Act of Parliament for dividing allotting Inclosing and Draining the open Fields Common Pastures and Moors or Commons in the Township and Parish of Terrington in the North Riding of the County of York and for other purposes therein mentioned without favour or affection to any person whomsoever

Sworn the 22nd day of June in the Year of our Lord 1772 before us
Witness D.d Lambert Christ.r Wilkinson John Outram
John Graves

I Christopher Wilkinson do Swear that I will faithfully, impartially and honestly according to the best of my Skill and Judgment execute the Trusts reposed in me as a Commissioner by virtue of an Act of Parliament for dividing Allotting Inclosing and Draining the open Fields Common Pastures and Moors or Commons in the Township and Parish of Terrington in the North Riding of the County of York and for other Purposes therein mentioned without favour or affection to any person whomsoever

Sworn the 22nd day of June in the Year of our Lord 1772 before us
Witness D.d Lambert John Graves John Outram
Christ.r Wilkinson

I Isaac Milbourn do Swear that I will faithfully Impartially and honestly according to the best of my Skill and Judgment make a true and distinct Survey of all the open Fields Common Pastures and Moos or Commons and also of the Old Inclosures and Homesteads within the Township of Terrington directed to be Inclosed and exempted from all Tythes and Rights of Common by a certain Act of Parliament made for dividing allotting Inclosing and Draining the open Fields Common Pastures and Moors or Commons in the Township and Parish of Terrington in the North riding of the County of York and reduce the same into writing and therein set forth the number of Acres Roods and Perches contained in the said Open Fields Common Pastures and Moors or Commons and also the same Old Inclosures and Homesteads and lay the same before the Commissioners appointed to put in Execution the said Act of Parliament pursuant to the directions of the said Act.

Sworn the 22nd day of June in the Year of our Lord 1772 before us
Witness D.d Lambert John Outram John Graves Christ.r  Wilkinson
I Milbourn

[note in margin] John Outram eal. Commissioners - Terrington Award Entd at Length the 28th July 1779 at 3 in the afternoon

Whereas in and by an Act of Parliament made and passed in the Tenth Year of the Reign of his present Majesty King George the Third intitled "An Act for dividing allotting inclosing and draining the Open Fields Common Pastures and Moors or Commons in the Township and Parish of Terrington in the North Riding of the County of York" after reciting as therein is particularly recited John Outram of Kilham in the said County of York John Graves of the City of York and Christopher Wilkinson of Middleton Quern How in the said County of York Gentleman were appointed Commissioners for dividing Allotting Inclosing and Draining the said Open Fields Common Pastures and Moors or Commons within the said Township and Parish of Terrington aforesaid and for putting the said Act in Execution in the Manner and Subject to the Rules Orders Directions and Regulations in the same Act mentioned and prescribed as in and by the same Act reference being thereunto had will more fully and at large appear Now know all Men by these presents that we the said John Outram John Graves and Christopher Wilkinson having taken upon us the Execution of the said Act of Parliament and duly qualified ourselves according to the directions of the same Act and having had such Survey made and laid before us as the said Act directs and having had many Meetings from time to time according to the Directions of the same Act of Parliament for the Execution of the Powers and Trusts vested and reposed in us therein and thereby (of which Meetings due Notice was from time to time given according to the directions of the same Act) and having also several times viewed all the Lands and Grounds by the said Act directed to be divided inclosed and drained and having also well and deliberately weighed and considered the nature Quality and situation thereof and of every part thereof and duly considered the Shares Rights Interests and Proportions of each and every the proprietors of and persons Interested therein respectively and the value of all the Tythes arising renewing and happening within the said Township of Terrington and having also maturely Considered the several Ways and Roads Ditches Fences Drains Bridges Gates and Stiles necessary to be made in and upon the said Lands and Grounds by the said Act directed to be divided Inclosed and drained as aforesaid and having also duly weighed and well considered all and every the other matters and Things interested to and required of us by the said recited Act of Parliament Do in pursuance and by virtue of the several Powers and Authorities to us given by the same Act and all and every other the Powers and Authorities to us in any wise given belonging or appertaining Make publish and declare this our Award order and determination touching and concerning All and singular the premises in manner and form following that is to say We do find agree and declare that the said open Fields Common Pastures and Moors or Commons by the said Act directed to be divided and Inclosed do contain together in Statute Measure according to the Survey so laid before us One thousand Eight Hundred and Forty Acres and Twenty Perches And in compliance with the directions contained in the said in part recited Act we do in the first place set out all the Public Roads and ways fit and necessary to be used within the said Township and also sufficient Lands or Grounds for getting or digging for Stones for building or repairing the Messuages Cottages and other Buildings in the said Township for Lime, and for Material for repairing the same Publick Roads and Ways and for getting of Peats as hereinafter mentioned that is to say

We do order direct determine and Award that there shall be at all times for ever hereafter a Common Publick Road or Kings High Way Sixty feet wide Between the Ditches leading from the East End of the Town of Terrington aforesaid Eastward to the South West Corner of the Broats and from thence Northwards to and over a certain place in Terrington aforesaid called the Bank unto where it adjoins or leads into the Township of Howthorpe as the same is now Staked out or Fenced to be for ever hereafter called the Howthorpe Road

We do further Order direct determine and Award that there shall be at all times for ever hereafter another Common Public Road or Kings High way Sixty feet wide between the Ditches leading from and out of the last mentioned High Road first Eastwards and afterwards inclining Northward unto the Ancient Gateway leading into the Township of Ganthorpe as the same is now Staked out or Fenced to be for ever hereafter called the Malton Road

We do further Order direct Determine and Award that there shall be at all times for ever hereafter another Common Public Road or Kings High way Sixty feet wide between the Ditches leading from the West end of the Town of Terrington aforesaid Westward over another of the Fields of Terrington aforesaid called the How Field to and through a certain Lane near Terrington Moor Houses and from thence to continue Westwards into and over a certain piece of Ground in Terrington aforesaid called the West Moor unto where it adjoins or comes unto the Township of Dalby as the same is now Staked out or Fenced to be for ever hereafter called the Dalby Road

We do further order Direct determine and Award that there shall be at all times for ever hereafter another Common Public Road or Kings High way Sixty feet wide between the Ditches leading from and out of the said last mentioned Road near Terrington Moor Houses Northward over the said West Moor unto where it adjoins or comes unto the Ancient Gateway leading into the Township of Scaggleton as the same is now Staked out or Fenced to be for ever hereafter called The Scaggleton Road

We do further Order Direct determine and Award that there shall be at all times for ever hereafter another Common public Road or Kings Highway Sixty feet wide between the Ditches leading from and out of the said Road called Dalby Road at or near the said Moor Houses Southward over the said West Moor to the Wath leading through a certain Brook or Sewer called the North Ings Beck to the Ancient Gate there called the North Ings Gate and to be for ever hereafter called The York Road

We do further Order direct determine and Award that there shall be at all times for ever hereafter a Public Bridle Road or Kings High way Thirty feet wide between the Ditches leading from and out of the said Road called Dalby Road upon the said West Moor over the same Moor Southward unto where it adjoins or comes unto the Ancient Gateway leading into the Township of Whenby as the same is now Staked out or Fenced and to be for ever hereafter called The Whenby Road

We do further order direct determine and Award that there shall at all times for ever hereafter be another Public Bridle Road or Kings High way Thirty feet wide between the Ditches leading from the North End of Howthorpe Road Northward unto where it adjoins or comes into the ancient Gateway leading into the Lordship of Slingsby as the same is now Staked out or Fenced and to be for ever hereafter called Slingsby Bridle Road

And we do further order direct determine and Award that there shall be at all times for ever hereafter a private Carriage and Bridle Road and for driving of Cattle forty feet wide between the Ditches leading from and out of the said Road called Dalby Road in the Howfield Northward unto where it adjoins or comes unto the Township or Hamlet of Wigginthorpe and to be for ever hereafter called the Wigginthorpe Road

We do further order direct determine and Award that there shall be at all times for ever hereafter another private Carriage and Bridle Road and for driving of Cattle forty feet wide leading from the West End of the Town of Terrington aforesaid Northwards along the East End of Lands in the said Howfield herein Awarded to the Right Honorable the Earl of Carlisle as the same is now Staked out unto the Allotments hereinafter Awarded unto and for Robert Campleman and Phineas Hardy for the use of the same Robert Campleman and Phineas Hardy their Heirs and Assigns and their and each of their Tenants Servants and Workmen but for no other person or persons whomsoever

We do further Order direct determine and Award that there shall be at all times for ever hereafter another private Carriage and Bridle Road and for driving of Cattle Sixty feet wide between the Ditches leading from nearly the North West Corner of a certain Ancient Inclosure now belonging to William Young situate at or near the South West end of the Town of Terrington aforesaid Southward into and over a certain piece of Ground called the Cliff to the Ancient Gateway at the South End thereof into Lands herein Awarded to the said Earl as the same is now Staked out or Fenced and to be for ever hereafter called the Cliff Road

We do further order direct determine and Award that there shall be at all times for ever hereafter another private Carriage and Bridle Road and for driving of Cattle forty feet wide between the Ditches For the use of the said Earl his Heirs and Assigns and such of his and their Tenants Servants and Workmen and others employed by them who for the time being shall be the owners and occupiers or be employed in or shall have occasion to go to certain Allotments and Closes of the said Earl called Town End Closes in Terrington aforesaid leading Eastward from the North End of the Church Lane in Terrington aforesaid into and over the South End of the Lands hereinafter Allotted to the Rector of Terrington aforesaid in lieu of his Glebe unto the Allotments of the said Earl adjoining thereto as the same is now Staked off or Fenced Subject nevertheless to and we do hereby Order and Determine that the Inhabitants of Terrington aforesaid shall at all times have Liberty of Digging for and getting Stones therein for all the purposes mentioned in the said Act so as the same do not prejudice or become a Nuisance to the said Road

We do further Order direct determine and Award that there shall be for ever hereafter One other private Carriage and Bridle Road for driving of Cattle forty feet Wide between the Ditches leading from an Ancient Lane near the Middle of the South Side of the Town of Terrington aforesaid South Eastward unto and over the Old Mill Field unto where it adjoins or comes into the Ancient Gateway into the Township of Mowthorpe as the same is now Staked out or Fenced and to be for ever hereafter called The Mowthorpe Road

We do also further order direct determine and Award that there shall be for ever hereafter one other private Carriage and Bridle Road and for driving of Cattle Twenty feet wide between the Ditches leading from the North End of the said last mentioned Road Eastward along part of the North End of the said Old Mill Field to the North End of Lands there hereinafter Allotted to Robert Bielby as the same is now Staked or Fenced off

We do further Order direct determine and Award that there shall be for ever hereafter one other private Carriage and Bridle Road and for driving of Cattle Forty feet Wide between the Ditches leading from the North End of the said Road called Mowthorpe Road Westward along the North End of Lands in the said Old Mill Field to the Fold Yard or Homestead now in the occupation of John Moor as the same is now Staked out or Fenced

And we do further Order direct determine and Award that there shall for ever hereafter be one Common foot Path or Passage for Persons traveling on Foot leading out of the said Road called Dalby Road along the said Road hereinbefore Awarded for the use of Robert Campleman and Phineas Hardy to their several Allotments along the East Side of the said Phineas Hardy’s Allotment in the Howfield and West Ings to the Stile there going into the Lordship of Wigginthorpe aforesaid

And we do further order direct determine and Award that there shall be for ever hereafter one other Common Foot path or passage for persons travelling on Foot leading from the Lane in Terrington aforesaid called the Church Lane along the Road hereinbefore Awarded for the use of the said Earl of Carlisle his Tenants and Servants and from the End of the said Road down the East side of the Hedge or Fence dividing an Allotment of the said Earl in the Church Field from an Allotment of the said Rector in the same Field to the bottom of the said Earl’s said Allotment and thence across the bottom of the same Allotment until it comes to a Subdivision Fence in another Allotment of the said Rector in the same Field and from thence Northward to the North End of the said Church Field and from thence Eastward along the South End of the North Carr to and along the East side of the said Carr herein allotted to the said Rector towards Slingsby

And we do further Order direct determine and Award that there shall be for ever hereafter one other Common Foot path or passage for persons travelling on Foot leading from and branching out of the last mentioned Foot Path at the North End of the Church Field Northward over the said Carr towards Howthorpe

And we do further order direct determine and Award that there shall be for ever hereafter one other Common Foot Path or passage for travellers on Foot leading from the Church Yard in Terrington aforesaid Eastward across certain Garths or old Inclosures in Terrington aforesaid and from thence leading across the New Inclosures in the said Church Field unto and across the High Road leading from Terrington to Ganthorpe and over Lands herein awarded to the said Earl to a Stile on the opposite side near the Spaw

And we do Order direct determine and Award that there shall be at all times for ever hereafter One other Common Foot path or Passage for persons travelling on Foot leading or branching out of the said Road leading from Terrington to Mowthorpe Westward until it comes to an Old Hedge or Fence in the Field called South Wood and from thence leading down by the same Fence to the Corner and from thence turning Westward towards Sheriff Hutton

And in further pursuance of the directions of the said recited Act we do set out Award and Allott for the purpose of getting or digging for Stones for Building or repairing the Messuages Cottages and other Buildings in the said Township for Lime and for Materials for repairing the same Public Roads and Ways in the said Township one piece of Ground lying in and being parcel of the said Howfield of Terrington aforesaid containing Two Acres be the same more or less adjoining upon the said Dalby Road on the South and on Lands herein Awarded to the Rector of Terrington on the East West and North

and we do also set out Award and Allott for the same purposes one other piece of Ground lying in and being parcel of the said West Moor containing one Acre be the same more or less adjoining upon the said Dalby Road on the South and Lands herein Awarded to the said Earl on the East and North and the said Scaggleton Road on the West

And Whereas by the said Act of Parliament we are directed to set out Sufficient Lands and Grounds for getting of Peats We do therefore in Conformity to the Directions of the said Act set out one piece or parcel of Ground lying in and being Parcel of the Little Carr of Terrington aforesaid containing Five Acres two Roods and five Perches be the same more or less in which we do direct and Order that the several and respective Owners and Proprietors hereinafter mentioned that is to say The Rector of Terrington for the time being for one Messuage John Hardy his Heirs and Assigns for One Messuage Thomas Marton his Heirs and Assigns for One Messuage John Moor his Heirs and Assigns for one Messuage Thomas Young and his Heirs and Assigns for one Messuage William Young the Younger for One Messuage The Reverend John Cayley (in his own right) his Heirs and Assigns for two Cottages Robert Campleman his Heirs and Assigns for two Cottages William Snowball his Heirs and Assigns for two Cottages Robert Bielby and Christopher Brough their Heirs and Assigns for One Cottage Robert Jackson his Heirs and Assigns for One Cottage Edward Marton his Heirs and Assigns for One Cottage Robert Bradley his Heirs and Assigns for One Cottage William Sheffield his Heirs and Assigns for One Cottage Ralph Campleman his Heirs and Assigns for one Cottage William Young the Elder his heirs and Assigns for One Cottage John Roberts his Heirs and Assigns for One Cottage and John Mortimer his heirs and Assigns for One Cottage shall and may yearly and every Year have liberty and for ever hereafter be entitled to get Peats in any quantity they think proper not exceeding in any one Year three Cart Loads to or for each of the said Messuages and two Cart Loads to or for each of the said Cottages And we do order and direct that the said Peats shall be gotten in a regular and careful manner and in a Bed directly forward that the Ground shall not be over run or wasted by one person getting in one place and another Elsewhere in order as much as possible to preserve the same

And we do also Award order and direct that the said several Owners and proprietors of Messuages Cottages hereinbefore mentioned their Heirs and Assigns and their and every of their Servants and Workmen employed in getting and taking away the said Peats shall for ever hereafter have and use a Carriage Road to and from the said Five Acres two Roods and five Perches twenty feet wide for the taking and carrying away the said Peats leading from and out of the said Malton Road Northward into and over or across Lands herein Awarded and allotted to the said Earl and Subject to such Right of getting Peats and to the said Road for leading the same away, we have in the first Allotment hereafter by us made to the said Earl set out Awarded and Allotted the Ground and Soil of the said Five Acres Two Roods and five Perches of Ground and of the said Road thereto and also the Herbage thereof unto and for the said Earl his Heirs and Assigns

And in the next place in conformity to the said Act we do set out Award and Allott unto and for John Cayley the Younger Clerk Batchelor of Laws Rector of the Rectory and Parish Church of Terrlngton aforesaid and his Successors Rectors of the same Rectory for the time being in severalty All that piece of Ground lying in and being parcel of the Church Field of the North Carr and of the West Ings of Terrington aforesaid containing Seventy four Acres three Roods and fourteen Perches adjoining on Lands herein Awarded to the said Rector in lieu of his Tyths and an Allotment herein awarded to the Earl of Carlisle on the East on the Lands herein severally allotted and awarded to Phineas Hardy William Young the Elder and William Snowball on the West on the Hamlet of Wigginthorpe on the North and on Lands herein Allotted to the same William Young William Snowball and the said Earl’s said Private Road on the South And we do order and direct that the said John Cayley and his Successors Rectors as aforesaid shall for ever hereafter maintain a Hedge Ditch and Fence on the West Side thereof

And we do order direct and award that it shall and may be lawful to and for the said Rector and his Successors Rectors as aforesaid and his and their Servants and Workmen from time to time as need shall require to enter into and upon the Allotment herein awarded to Phineas Hardy on the West Side of the Hedge dividing this Allotment from the said Allotment of the said Phineas Hardy and thereto cut Plash and repair the same Hedge doing as little Damage to the Soil and Herbage of the said Phineas Hardy’s Allotment as may be And we do declare that the said Allotment herein Awarded to the said Rector and his Successors Rectors as aforesaid is in lieu of and in full Satisfaction and Compensation for his the said Rectors Glebe Lands within the said township of Terrington by the said Act directed to be divided Inclosed and drained with the right of Common thereunto belonging

And we do set out Award and Allott unto and for the said John Cayley and his Successors Rectors as aforesaid for the time being in Severalty all that one other piece of Ground lying in and being Parcel of the said Church Field and North Carr containing Eighty Seven Acres and ten Perches be the same more or less adjoining on an Allotment herein Awarded to the Earl of Carlisle on the East on an other Allotment of Sixty four Acres One Rood and four Perches herein Awarded to the said Rector and the Hamlet of Wigginthorpe on the West on the Hamlet of Howthorpe on the North and on Lands herein allotted to the Earl of Carlisle on the South and we do Award Order and Direct that the said John Cayley and his Successors Rectors as aforesaid shall for ever hereafter maintain a Ditch and Fence on the South End thereof

And we do further set out Award and Allott unto and for the said Rector and his Successors Rectors as aforesaid one other piece of Ground lying in and being parcel of another of the Fields of Terrington aforesaid called the Howfield and containing Sixty four Acres One Rood and four Perches be the same more or less adjoining on Lands herein allotted and Awarded to William Garforth Esquire and John Mortimer on the East on Lands herein allotted and Awarded to the said Earl of Carlisle on the West on Lands herein allotted and Awarded to the said William Garforth on the North and on the High Road leading from Terrington aforesaid to Dalby and the said Stonepitt in the Howfield on the South And we do order award and Direct that the said Rector and his Successors Rectors as aforesaid shall for ever hereafter maintain a Ditch and Fence on the East and South Sides thereof

And we do further set out Award and Allott unto and for the said Rector and his Successors Rectors as aforesaid one other piece of Ground lying in and being parcel of a certain parcel or tract of Ground in Terrington aforesaid called the West Moor containing Sixty one Acres two Roods and fourteen Perches be the same more or less adjoining the allotment of Twenty two Acres and One Rood herein Awarded to him the said John Cayley in right of his own Freehold property in Terrington aforesaid on the East the Allotment herein Awarded to John Roberts on the West on the Township of Scaggleton on the North and the said Dalby Road on the South And we do Order Award and direct that the said Rector and his Successors Rectors as aforesaid shall for ever hereafter maintain a Ditch and Fence on the East and South sides thereof

And we do further set out Award and Allott unto and for the said Rector and his Successors Rectors as aforesaid one other piece of Ground lying in the said West Moor containing Fifty Six Acres and Thirty perches be the same more or less adjoining on an Allotment herein Awarded to the Earl of Carlisle on the East the Township of Dalby on the West on the said Dalby Road on the North and on the Township of Whenby on the South And we do Order Award and Direct that the said Rector and his Successors Rectors as aforesaid shall for ever hereafter maintain a Ditch and Fence on the North Side thereof which said four last mentioned Allotments herein Awarded to the said Rector and his Successors Rectors as aforesaid together with certain Sums of Money herein by us Awarded to be paid to the said Rector and his Successors Rectors as aforesaid in pursuance of the said Act of Parliament in lieu of the Tythes of the Old Inclosures and Homesteads within the said Township of Terrington are and the same are hereby adjudged and declared to be in lieu of and in full Compensation and satisfaction for all and all manner of Tythes both great and small and all other Ecclesiastical dues (Surplice Fees and Mortuaries only excepted) Cattlegates and right of Common of what nature or kind soever justly due and payable to the said Rector for the time being out of the said open Fields Common Pastures and Moors or Commons by the said Act of Parliament directed to be divided and Inclosed as aforesaid and also out of the same Old Inclosures and Homesteads

And we do set out Award and Allot unto and for the said John Cayley and his Heirs and Assigns for ever in severalty one piece of Ground lying in and being parcel of the said West Moor containing Twenty two Acres One Rood be the same more or less adjoining the High road leading from Terrington aforesaid to Scaggleton on the East on an Allotment hereinbefore Awarded to the said Rector in lieu of his Tythes on the West on the Township of Scaggleton on the North and on the said High Road leading from Terrington to Dalby on the South And we do order Award and direct that the said John Cayley his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and South End thereof

And we do set out Award and Allott unto and for The Right Honorable Frederick Earl of Carlisle his Heirs and Assigns for ever in severalty One Piece of Ground lying in and being parcel of and running through the several Fields and uninclosed Grounds in Terrington aforesaid called The Bank, The Broats, The Church Field, The North Carr and the Little Carr containing Three Hundred and Thirty two Acres three Roods and Six Perches be the same more or less (Subject nevertheless to the right of getting Peats in five Acres two Roods and five Perches in that part thereof called the Little Carr and to be the Road hereinbefore set out and Awarded for leading and taking the same away), adjoining on the Township of Ganthorpe on the East the said Lands herein Allotted to the said Rector in lieu of his Glebe and Tythes The Township of Howthorpe and certain Old Inclosures in Terrington aforesaid on the West the Township of Slingsby and the said Rector’s Tythe Allotment on the North the Township of Ganthorpe the High road leading from Terrington aforesaid to Howthorpe and other Old Inclosures in Terrington aforesaid on the South And we do order Award and direct that the said Earl his Heirs and Assigns shall make and for everhereafter maintain a Ditch and Fence on the West and South sides thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty One Other piece of Ground lying in and being Parcel of the said Piece of Ground in Terrington aforesaid called The Little Carr containing three Acres and two Roods be the same more or less adjoining on the said Township of Ganthorpe on the East on the said Road leading to Howthorpe on the North and certain Old Inclosures in Terrington aforesaid on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the North Side thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty One other piece of Ground lying in and being Parcel of certain other of the Fields of Terrington aforesaid called by the several names of Old Mill Field South Wood and Coome containing Ninety five acres and Thirty five Perches be the same more or less adjoining on the Road leading from Terrington aforesaid to Mowthorpe on the East on the several Allotments herein Awarded to Robert Jackson John Moor and the said Earl on the West on the several Allotments herein Awarded to the said Robert Jackson and William Sheffield on the North and he said Township of Mowthorpe and Sheriff Hutton on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East West and North sides thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being parcel of the same Field called Old Mill Field containing Eighty four Acres and Eight Perches be the same more or less adjoining on the said Township of Ganthorpe on the East the said Mowthorpe Road and an Allotment herein Awarded to John Hardy on the West the said John Hardy’s said Allotment and certain Old Inclosures in Terrington aforesaid on the North and the said Township of Mowthorpe on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West Side and North End thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being parcel of another of the Fields of Terrington aforesaid called Low Field under South Wood One Hundred and twenty eight Acres and Twenty Seven Perches be the same more or less adjoining on another Allotment of the said Earl and the Township of Mowthorpe on the East and another Allotment of the said Earl on the West Lands herein awarded to John Moore on the North and on a Brook or Sewer called North Ings beck on the South

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being Parcel of another of the Fields of Terrington aforesaid called Low Field under Cliff containing One hundred and Ninety four Acres One Rood and Thirty One Perches be the same more or less adjoining on an Allotment of him the said Earl and on Allotments of the said John Moore and William Young the Younger on the East certain Old Inclosures and the West Moor of Terrington aforesaid on the West on the said North Ings beck on the South and on an Allotment herein Awarded to the said Earl in the Howfield and the piece or parcel of Ground called the Cliff and an allotment herein Awarded to the said William Young the Younger on the North

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being Parcel of another of the Fields of Terrington aforesaid called the Howfield containing One hundred and Six Acres three Roods and thirty six Perches be the same more or less adjoining on an Allottment of the said Earl the said piece of Ground called the Cliff and an Allotment herein awarded to Edward Marton on the East on Ancient Inclosures near the said Houses called the West Moor Houses and the West Moor on the West the said Dalby Road on the North the said West Moor and the Allotment of One hundred and Ninety four Acres one Rood and thirty one Perches herein Awarded to the said Earl in Low Field under Cliff on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the North Side thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other Piece of Ground lying in and being parcel of the said Howfield containing Eight Acres two Roods and five Perches be the same more or less adjoining on an Allotment herein Awarded to the said Rector in right of his Tythes on the East the said Old Inclosures near the Moor Houses on the West an Allotment herein Awarded to William Garforth Esquire in the West Ings of Terrington aforesaid on the North and the said Dalby Road on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and South end thereof

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being parcel of the West Moor of Terrington aforesaid containing twenty six Acres one Rood and twenty Seven Perches be the same more or less adjoining on Ancient Inclosures of him the said Earl on Lands of him the said William Garforth in the West Ings on the East Scaggleton Road on the West the Township of Scaggleton on the North Dalby Road and the said last mentioned Ancient Inclosure on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make for ever hereafter maintain a Ditch and Fence on the West Side and South End thereof

And we do set out Award and Allott unto and for the said Earl his heirs and Assigns for ever in severalty one other piece of Ground lying in and being Parcel of the said West Moor containing Forty five Acres be the same more or less adjoining on the Allotments of the said Earl in Howfield and Lowfield under Cliff on the East the High Road leading from Terrington aforesaid towards York on the West on an allotment of the said Earl in the said Howfield and certain Old Inclosures on the North and on Ancient Inclosures called Moor Closes on the South

And we do further set out Award and Allott unto the said Earl his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being Parcel of the said West Moor containing One hundred and Six Acres and three Roods be the same more or less adjoining on the said York Road on the East the said Tythe allotment on the West Dalby Road on the North the said York Road North Ings beck and the township of Whenby on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West Side and North end thereof

And we do further Award Allott and Assign unto and for the said Earl his Heirs aid Assigns for ever in severalty one other piece of Ground lying in and being parcel of a certain piece of Ground in Terrington aforesaid call the Cliff containing One Acre two Roods and thirty Six Perches be the same more or less adjoining on the Cliff Road on the East on an Allotment Awarded to the said Earl in Howfield on the West on an Allotment herein awarded to Edward Martin on the North and on an Allotment herein Awarded to the said Earl Lowfield under Cliff on the South and we do order Award and direct that the said Earl his Heirs and assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and North End thereof

And we do further Award allott and Assign unto and for the said Earl his Heirs and Assigns for ever in severalty one Small Parcel of Waste Ground now laying open to the Street of Terrington aforesaid adjoining to a House or Tenement of him the said Earl now in the tenure of Jane Goodwill on the South and on another Small Parcel of Waste Ground herein awarded to William Young the Younger on the West

And we do further Allot Award and Assign unto and for the said Earl his Heirs and Assigns for ever in severalty one other Small Parcel of Waste Ground in Terrington aforesaid now used as a Lane and leading from the Allotment herein awarded to Thomas Martin into the Town Street of Terrington aforesaid

in which said Allotments hereinbefore Awarded to and for the said Earl we have included a thirty Second part of the Moors or Commons by the said Act directed to be divided and Inclosed in lieu of and as a full Compensation for his the said Earl’s Right as Lord of the said Manor to the Soil of the same Moors and Commons as well as in lieu of his right to the Sweep of the Ley of the Common Balks in the said Open Fields and which said Allotments hereinbefore Awarded Allotted and Assigned unto the said Earl his Heirs and Assigns we do hereby declare and agree one in full satisfaction and equivalent for all his the said Earl’s Estate Lands Rights and Interests in the Lands and Grounds by the said Act of Parliament directed to be divided and Inclosed (save and except the Lands hereinafter Allotted to him in lieu of and as a compensation for certain Lands he the said Earl purchased of Thomas Martin and John Hick) and are by us meant and intended to be held and enjoyed by the said Earl or any other person or persons in Trust for him To the same uses upon the same Trusts and to and for the same Intents and purposes as the said Lands Grounds and Estates of the said Earl in Terrington aforesaid were previous to the said Division and Inclosure and are now Subject to liable or Chargeable with and not otherwise

And we do further set out Award and Allott unto and for the said Earl his Heirs and Assigns forever in Severalty one other Piece of Ground lying in the said Howfield containing Twenty one Acres three Roods Sixteen Perches adjoining on the Town Garths of Terrington aforesaid and Lands herein Awarded to Robert Campleman on the East the Road leading from Terrington aforesaid to Wigginthorpe on the West on the allotments therein respectively awarded to Phineas Hardy and Christopher Brough on the North and on the said Dalby Road on the South And we do Order Award and direct that the said Earl his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the South Side thereof And we do hereby declare and adjudge that the said last mentioned Allotment herein made to the said Earl his Heirs and Assigns is in lieu of and in full Compensation and satisfaction for the Lands and Tenements in the said Open Fields Common Pastures and Moors or Commons of Terrington aforesaid which he the said Earl or some Person in Trust for him lately purchased of Thomas Martin and John Hick and is meant and intended by us to be held and enjoyed by the same persons upon the same Trusts to the same uses and Subject to the same Charges Limitations Agreements and Incumbrances and for such Estate and Estates as the same have been Conveyed to or In Trust for the said Earl in and by the Purchase Deeds or Conveyances thereof and not any way Connected with the said Earl’s Ancient Estate at Terrington aforesaid

And we do set out Award and allott unto and for Robert Campleman of Terrington aforesaid Mason his Heirs and Assigns for ever in severalty one piece of Ground lying in and being Parcel of the said Church Field containing Five Acres one Rood and Thirty five Perches adjoining on the Allotments herein Awarded to William Young on the East on an Allotment of the said Earl on the West on the Allotment of the said William Young on the North and on the Towngarths of Terrington aforesaid on the South And we do Order award and direct that the said Robert Campleman his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West Side and North End thereof

And we do Award Allott and Assign unto and for William Young the Elder of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty one piece of Ground lying in the said Church Field containing Twelve Acres three Roods and five Perches be the same more or less adjoining on an Allotment herein Awarded to the said Rector in right of his Glebe and on Allotments herein Awarded to William Snowball and Robert Bradley on the East on an Allotment herein awarded to Phineas Hardy and the Allotment herein awarded to the said Robert Campleman on the West on the said Glebe Allotment on the North and on the said Robert Campleman’s Allotment and the Towngarths on the South And we do Order Award and Direct that the said William Young the Elder his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the North End and West Side thereof

And we do further set out Award and Allott unto and for the said William Young his Heirs and Assigns for ever in severalty one small parcel of Waste Ground now lying open to the Street of Terrington aforesaid adjoining to the Messuage or Tenement of the said William Young on the South and on another Small Parcel of Waste Ground hereinbefore Awarded to the said Earl on the East

And we do set out Award and Allott unto and for Robert Bradley of Coneysthorpe in the said County Mason his Heirs and Assigns for ever in severalty one piece of Ground lying in and being Parcel of the said Church Field containing Two Acres three Roods and one perch be the same more or less adjoining on an Allotment herein awarded to William Snowball on the East and North the said William Young the Elder’s Allotment on the West and the Town Garths of Terrington aforesaid on the South And we do Order award and Direct that the said Robert Bradley his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West Side thereof to divide the same from the said William Young the Elder’s Allotment and on the North End part of the South End and on the West side thereof to be divide the same from the said Allotment of the said William Snowball

And we do set out award and Allott unto and for William Snowball of New Malton in the County of York Grocer his Heirs and Assigns for ever in severalty one piece of Ground lying in and being Parcel of the said Church Field containing Five Acres and Twenty Perches adjoining on an Allotment herein Awarded to the said Rector in right of his Glebe on the East on Allotments herein Awarded to William Young the Elder and Robert Bradley on the West on the said Glebe Allotment on the North and the Towngarths of Terrington aforesaid and an Allotment of Robert Bradley on the South And we do Order Award and Direct that the said William Snowball his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West Side and North End thereof

And we do set out Award and Allott unto and for William Garforth of Askham Richard in the County of the City of York Esquire (who since the passing of the said recited Act of Parliament hath purchased the Estate of William Weddell Esquire lying and being in the said Township of Terrington) his Heirs and Assigns for ever in severalty one piece of Ground lying in and being Parcel of the said Howfield containing Twelve Acres and fifteen Perches be the same more or less adjoining on an Allotment herein awarded to Christopher Brough on the East the said Tythe Allotment on the West the said William Garforth Allotment herein Awarded to him in the West Ings on the North and the said Tythe Allotment and an Allotment of John Mortimer on the South And we do order award and direct that the said William Garforth his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East side and South End thereof

And we do further set out Award and Allott unto and for the said Willam Garforth his Heirs and Assigns for ever in severalty one other piece of Ground lying in and being Parcel of The West Ings of Terrington aforesaid containing Forty One Acres one Rood and Ten Perches be the same more or less adjoining on an Allotment of the said Christopher Brough on the East on an Allotment of the said Earl on the West The Township of Wigginthorpe on the North and the respective Allotments of the said William Garforth the said Tythe Allotment and an Allotment of the said Earl on the South And we do Order Award and direct that the said William Garforth his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the South Side and West End thereof

And we do set out Award and Allott unto and for John Mortimer of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty One piece of Ground lying in the said Howfield containing Three Acres three Roods and one perch adjoining on Wigginthorpe Road on the East the said Tythe Allotment on the West the Allotment of the said William Garforth on the North and the said Dalby Road on the South And we do Order Award and direct that the said John Mortimer his Heirs and assigns shall make and forever maintain a Ditch and Fence on the East Side and South end thereof

And we do set out Award and Allott unto and for Christopher Brough of Cramb in the said County Yeoman his Heirs and Assigns for ever in severalty One piece of Ground lying in the said Howfield and West Ings containing Fifteen Acres two Roods and thirteen perches be the same more or less adjoining on the Allotment herein Awarded to Phineas Hardy on the East the said William Garforth on the West the said Township of Wigginthorpe on the North and an Allotment of the said Earl of Carlisle on the South and we do order Award and direct that the said Christopher Brough his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the South End thereof

And we do set out Award and Allott unto and for Phineas Hardy of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty One Parcel of Ground lying in the said Howfield and West Ings containing Twenty Eight Acres three Roods and thirty nine Perches be the same more or less adjoining on an Allotment herein Awarded to the said Rector in right of his Glebe and the said Allotment hereinbefore Awarded to the said William Young the Elder on the East on the Allotment herein Awarded to the said Christopher Brough on the West on the said Township of Wigginthorpe on the North and on an Allotment of the said Earl of Carlisle on the South And we do Order Award and Direct that the said Phineas Hardy his Heirs and Assigns shall make and forever hereafter maintain a Ditch and Fence on the West Side and South End thereof

And we do set out Award and Allott unto and for John Roberts of Helmsley in the said County Gentleman his Heirs and Assigns for ever in severalty one parcel of Ground lying in the West Moor of Terrington aforesaid containing Eight Acres two Roods and one Perch be the same more or less adjoining on the said Rector’s Tyth Allotment on the East the Township of Dalby on the West the Township of Scaggleton on the North and the said Dalby Road on the South And we do Order Award and Direct that the said John Roberts his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East side and South end thereof

And we do Award Allott and Assign unto and for William Young the Younger of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty one piece of Ground lying in and being Parcel of the said Fields of Terrington aforesaid called the Cliff and Lowfield under Cliff containing Sixteen Acres one Rood and nine Perches be the same more or less adjoining on his the said William Young’s own Ancient Inclosure and the Allotment herein Awarded to John Moor on the East on the said Cliff Road and an Allotment of the said Earl on the West and on another Allotment of the said Earl on the South And we do Award order and direct that the said William Young the Younger his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the West side and South End thereof

And we do set out Award and Allott unto and for Robert Jackson of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty one piece of Ground lying in the said Old Mill Field of Terrington aforesaid containing three Acres two Roods and Twenty three Perches adjoining on an Allotment of the said Earl of Carlisle on the East on the Allotment herein Awarded to William Sheffield on the West on Mowthorpe Road on the North and an Allotment of the said Earl of Carlisle on the South And we do Order Award and Direct that the said Robert Jackson his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East side and North End thereof

And we do set out Award and Allott unto and for William Sheffield of Rewbrough [sic] in the said County Gentleman his Heirs and Assigns for ever in severalty one Piece of Ground lying in the said Old Mill Field containing Six Acres three Roods and five perches be the same more or less adjoining on the Allotment herein Awarded to Robert Jackson on the East on the Allotment of John Hardy on the West on the said Mowthorpe Road on the North and on the Allotments of the said Earl of Carlisle and John Moor on the South And we do Order Award and direct that the said William Sheffield his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and North End thereof

And we do set out Award and Allott unto and for John Hardy of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty One Parcel of Ground lying in the said Old Mill Field containing Seven Acres two Roods and Nine Perches be the same more or less adjoining on the allotment of the said William Sheffield on the East on the said John Moor’s Allotment on the West on the Garth Ends Road of Terrington aforesaid on the North and on the Allotment of the said John Moor on the South And we do Order Award and direct that the said John Hardy his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Sides and North End thereof

And we do set out Award and Allott unto the said John Hardy his Heirs and Assigns for ever in severalty one other Parcel of Ground lying in and being parcel of a certain place in Terrington aforesaid called Parsons Mar containing Ten Acres one Rood and Thirty two Perches be the same more or less adjoining on an Allotment of the said Earl of Carlisle and the Ancient Inclosures of Terrington aforesaid on the East on the said Mowthorpe Road on the West on the Allotment herein Awarded to Thomas Marton on the North and on an allotment of the said Earl of Carlisle on the South and we do Order Award and direct that the said John Hardy his Heirs and Assigns shall make and for ever hereafter maintain Ditch and Fence on the East and West Ends and North Side thereof

And we do set out Award and Allott unto and for John Moor of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty one Piece of Ground lying in and being parcel of the said Old Mill Field containing Six Acres and Sixteen perches be the same more or less adjoining on the Allotment of the said John Hardy on the East on an Allotment of the said Earl of Carlisle and the said Ancient Inclosures on the West on the said Garth ends Road on the North and on the allottment of the said John Moor in the Coome on the South and we do Order Award and direct that the said John Moor his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and North End thereof

And we do set out Award and Allott unto and for the said John Moore his Heirs and Assigns for ever in severalty one other piece of Ground lying in the said Coome and the Lowfield under South Wood containing Thirty Acres and twenty four Perches adjoining on an Allotment of the said Earl of Carlisle on the East on another Allotment of the said Earl and an Allotment of William Young the Younger on the West on the said Allotments herein before awarded to the said John Moore John Hardy William Sheffield and certain Ancient Inclosures in Terrington aforesaid called the Crofts on the North and on an Allotment of the said Earl on the South And we do Order Award and direct that the said John Moor his Heirs and Assigns shall make and forever hereafter maintain a Ditch and Fence on the West side and North and South ends thereof

And we do set out Award and Allott unto and for Thomas Young his Heirs and Assigns for ever in severalty one Parcel of Ground lying in the said Old Mill Field containing Twenty two Acres one Rood and nineteen Perches be the same more or less adjoining on certain Old Inclosures in Terrington aforesaid on the East on the Towngarths and Lands herein Allotted to Robert Bielby on the West on the said Towngarths Howthorpe [sic] Road and the same ancient Inclosures on the North and the said Robert Bielby’s Allotment on the South And we do Order Award and direct that the said Thomas Young his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side and North End thereof

And we do Award Allott and Assign unto and for Robert Bielby of Cramb in the said County of York Yeoman his Heirs and Assigns for ever in severalty one piece of Ground lying in the said Old Mill Field containing fifteen Acres and four Perches be the same more or less adjoining on the said Ancient Inclosures in Terrington aforesaid on the East on the Allotment herein next awarded to Thomas Marton on the West on the said Thomas Young’s Allotment and the Towngarths on the North and on the Allotment of the said Thomas Marton on the South And we do Order Award and direct that the said Robert Bielby his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side thereof to divide the same from the Allotment of the said Thomas Young so far as the same adjoins thereto and on the North Side thereof to divide the same from the Allotment of the said Thomas Young and the said Towngarths

And we do set out Award and Allott unto and for Thomas Marton of Terrington aforesaid Yeoman his Heirs and Assigns for ever in severalty one piece of Ground lying in the said Old Mill Field containing Seventeen Acres two Roods and twenty three Perches be the same more or less adjoining on the Allotment herein last before Awarded to Robert Bielby and the Ancient Inclosures of Terrington aforesaid on the East on other Ancient Inclosures of Terrington aforesaid and the said Mowthorpe Road on the West on the said Robert Bielby’s Allotment and the Town Garths on the North and the Allotment of the said John Hardy on the South And we do Order Award and direct that the said Thomas Marton his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East Side thereof to divide the same from the Allotment of the said Robert Bielby so far as the same adjoins thereto on the West Side thereof to divide it from the said Mowthorpe Road and on the North Side thereof to divide the same from the said Robert Bielby’s Allotment

And we do set out Award and Allott unto and for Edward Marton of Terrington aforesaid Carpenter his Heirs and Assigns for ever in severalty one Piece of Ground lying in the said Howfield and the Cliff containing three Acres and twenty four Perches be the same more or less adjoining on the Towngarths and the Cliff Road on the East on an Allotment of the said Earl of Carlisle on the West on the Dalby Road on the North and on another Allotment of the said Earl on the South And we do Order Award and Direct that the said Edward Marton his Heirs and Assigns shall make and for ever hereafter maintain a Ditch and Fence on the East side thereof to divide the same from the said Cliff Road so far as it adjoins thereto on the West side thereof to divide the same from the said Earl’s allotment and on the North End thereof to divide the same from the said Dalby Road

And in further pursuance of the Directions of the said Act of Parliament and in Conformity thereto we do hereby set out Award order appoint and Assign unto and for the said John Cayley as Rector of Terrington aforesaid and his Successors Rectors of the same Rectory the Several Sums of Money or Annual Payments hereinafter mentioned making together the Sum or Eight Pounds Ten shillings and ten Pence half Penny to be Charged and Chargeable on and for ever hereafter Issuing out of the Old Inclosures and Homesteads within the said Township of Terrington to be paid by the persons and in the proportions hereinafter mentioned that is to say,

the said Earl of Carlisle His Heirs and Assigns for ever the Yearly sum of Six Pounds thirteen Shillings and eight Pence John Moor his Heirs and Assigns for ever the Yearly sum of Four Shillings and eight pence half penny

William Young his Heirs and Assigns for ever the yearly sum of one shilling and Eleven Pence

William Young the Younger his Heirs and Assigns for ever the yearly sum of Six Shillings and Eight pence halfpenny

Thomas Young his Heirs and Assigns for ever the yearly sum of One Shilling and two pence

Thomas Marton his Heirs and Assigns for ever the yearly sum of three Shillings

Robert Bradley his Heirs and Assigns for ever the Yearly Sum of Three Shillings and three half pence

Robert Campleman his Heirs and Assigns for ever the Yearly Sum of two Shillings and eight Pence

Ralph Campleman in right of the Cottage he purchased of William Weddell Esquire his Heirs and Assigns for ever the Yearly Sum of two Shillings and three Pence

Edward Marton his Heirs and Assigns forever the Yearly Sum of Nine Pence

John Hardy his Heirs and Assigns for ever the yearly sum of One shilling and Six pence

William Sheffield his Heirs and Assigns for ever the Yearly Sum of Ten Pence half Penny

Mary Wildon her Heirs and Assigns for ever the Yearly Sum of One shilling and four Pence

Robert Jackson his Heirs and Assigns for ever the Yearly Sum of Eight pence

John Mortimer his Heirs and Assigns for ever the Yearly Sum of Seven Pence half penny

Robert Bielby his Heirs and Assigns for ever the Yearly Sum of One Shilling and three Pence

William Snowball his Heirs and Assigns for ever the Yearly Sum of Three Pence half Penny

David Ellerby his Heirs and Assigns for ever the yearly sum of Eight pence

and that the Old Inclosures and Homesteads which he the said John Cayley Possesses in Terrington aforesaid in his own right shall stand charged and Chargeable with and the several and respective owner and Owners thereof and his her and their Heirs for the time being shall pay or cause to be paid unto the said Rector and his Successors Rectors as aforesaid the yearly sum of three Shillings and Eight Pence half Penny

which said several and respective Sums of Money Rent Charges or Payments we do estimate and adjudge to be a full and adequate satisfaction Compensation and equivalent as well for his the said Rectors’ Tythes of what nature or kind soever they be as for all other ecclesiastical dues (Surplice Fees and Mortuaries only excepted) to which the said Rector and his Successors Rectors as aforesaid would or might be entitled unto out of the same old Inclosures and Homesteads if the same were not extinguished by the said recited Act and which said several Yearly Sums of Money we do in pursuance of the Directions of the said recited Act Order and Direct shall be paid to the said Rector and his Successors Rectors as aforesaid in gross sums half yearly on the fifth day of April and the Tenth day of October in the Porch of the Church of Terrington aforesaid and that the same shall Commence and be deemed due and Payable from the Tenth day of October which was in the Year of Our Lord One thousand Seven hundred and Seventy two

And we do Order Award and direct adjudge and determine that the several Allotments and Money Payments hereinbefore Awarded Allotted set out and Assigned as aforesaid Shall be and the same are hereby declared and adjudged to be in lieu of and as a full Compensation and Satisfaction for the several Lands Grounds Rights and Interests whatsoever of the several Owners and Proprietors of and Persons Interested in the said Open Fields Common Pastures and Moors or Commons and other uninclosed Grounds within the said Township and Parish of Terrington And also to be in lieu of and in full compensation for all Tythes both great and Small and other Ecclesiastical dues (Surplice Fees and Mortuaries only Excepted) which would otherwise have been justly due and payable to the said Rector and his Successors Rectors of the said Rectory as aforesaid in case the said Act of Parliament had not been had or Passed into a Law out of or in respect of not only the same Lands and Grounds but of the Old Inclosures and Homesteads within the said Township and Parish And shall be so accepted by the several owners and Proprietors to whom the same are so Allotted Awarded and Assigned accordingly

And we do Order direct and Award that all the Fences in the said Open Fields Common Pastures or Moors and Commons so directed to be made by the said several and respective Proprietors as herein before set forth shall be made in the manner following that is to say in all such parts of the said Open Fields Common Pastures and. Moors or Commons as are Dry Land the Ditches shall be made and for ever afterwards maintained by the several and respective Persons by whom we have hereinbefore Ordered them to be made and maintained their and every of their Heirs and Successors and Assigns four Feet wide at the Top Six Inches wide at the bottom and two Feet deep per perpendicular and in the low and Wet Parts of the same Open Fields Common Pastures and Moors or Commons the Ditches shall in like manner be made and for ever afterwards maintained full Five Feet wide the Top Six Inches wide at the bottom and Two feet and an half deep perpendicular and shall be planted with Quicksets full twelve Inches from the Edge of the same Ditches and shall be well and sufficiently guarded from Cattle by Posts and Rails until such Quicksets are grown and become a good and sufficient Fence

And we do Order Award and Direct that all the said Ditches and Drains as we have Caused to be made as well as all such Drains and Sewers or parts of Drains and Sewers as were before the said Division and Inclosure shall be kept sufficiently open and cleansed at all times for ever hereafter by the owners and proprietors of the Lands and Grounds adjoining thereto so as the Water may have a free and uninterrupted Course to and Communication with the Ditches Drains and Sewers of the several other Allotments and Lands Adjoining as well for the use of the Cattle which shall be kept therein as to carry away the Waters from the same as often as shall be necessary

And we do also Order direct and Award that each and every of the said Owners and proprietors shall find and provide sufficient Gates for his her and their respective Allotments and shall keep the Ditches and sewers in such Gateways Open by turning Arches over the same to prevent any obstruction to the Water running through to the same to the end that such Water may at all times have a free passage and Communication with the adjoining Drains Ditches and Sewers

And we do Order determine and Award that when any Owner or Owners of any Part or parts of the Lands and Grounds so divided Allotted and Awarded shall dig or cut any Ditch or Ditches over his her or their Grounds respectively and the End or Ends of such Ditch or Ditches shall happen to fall against the Side of another persons Ditch then every such person or persons so digging or Cutting as aforesaid shall make set up and maintain Posts and Rails on such other Persons Bank across such other persons Ditch at the End or Ends of every such Ditch so falling as aforesaid in order to prevent Cattle from straying out of one new Inclosed piece of Ground into another

And we do further order direct and determine and Award that sufficient and Convenient Stiles shall be provided set up and for ever hereafter maintained by the several and respective owners and proprietors of such of the Fences over or through which the said several and respective Foot Paths herein before set out and Awarded do pass for the easy and convenient passage of Travellers on Foot

And Lastly we do Order direct determine and Award that all such Common Public and private Roads and Ways respectively (Foot Roads excepted) as are hereinbefore Awarded and set out by us the said Commissioners as aforesaid shall from time to time and at all times for ever hereafter be repaired and amended at the Public Charge of the said Township and Parish of Terrington aforesaid in such and the like manner as the several Public Highways or Roads are by the Laws of this Realm directed and obliged to be repaired and maintained and we do Award Order and Allott that the Herbage of all the said Public Roads and Ways hereby Allotted and Awarded by us the said Commissioners shall be from time to time let and disposed of by the Surveyors of the Highways of the Township of Terrington aforesaid for the time being to such Person and Persons as they shall think proper for the best price or prices that can be gotten for the same And we do Order Award and direct that the Monies arising by the same shall from time to time be applied by the said Surveyors for the time being towards the repairs of the several Roads within the said Township of Terrington

In Witness whereof we have hereunto set our Hands and Seals this Twenty Seventh day of July in the Year of our Lord One Thousand Seven hundred and Seventy nine

Sealed and Delivered by the within named John Outram and John Graves (being first)
Duly stamped in the presence of D.d Lambert John Harrison (Sworn)
 
Sealed and Delivered by the within named Christopher Wilkinson in the presence of Abraham Bowerbank John Harrison (Sworn)
John Outram ()
John Graves ()
Christ.r Wilkinson ()

Entered at length in the Register Office at Northallerton the 28th July 1779 in Book B.H.page 186 and number 73.

©Gerry Bradshaw & Terrington Arts
This page last updated: 26th January 2022

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