Page last updated 18/04/04

[Extracts from the Hamsterley Inclosure Award of 1760, transcribed at Durham University 2001/2002. I hope to return to complete the job some day!]

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…..

Now Know Ye that Wee the said John Wesgarth William Jobson John Dobinson Michael Robinson William Sanderson and Richard Richardson whose names are hereunto  Subscribed being the Commissioners named and Appointed in and by the said Act of Parliament have by Virtue of and in pursuance and Obedience to the powers Authorities and Directions to us thereby Given had several Meetings relating to the said Division having first given such respective Notices of our first and every other Meeting as are required and directed in and by the said Act of Parliament And we did Also Order a survey to be made of the said Commons or Moors so intended to be inclosed as aforesaid and the same was made Accordingly some time before the first Day of May One Thousand Seven Hundred and Fifty Nine as directed by the said Act By which Survey it Appeared unto us that the

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Said Moors or Commons claimed to be within the said Chaplery of Hamsterley contained in Quantity in the Whole in Statute measure Fourtenn Thousand Four Hundred and Two Acres And at severall of our Meetings we went upon the said Moors or commons and took Exact and particular Views thereof and Seriously and Carefully Inspected and Considered the Nature and Quality of the Soil and Value thereof respectively and at our first Meeting held at the house of Mr William Blackett Innkeeper in Hamsterley aforesaid the Fifteenth Day of August in the year of our Lord One Thousand Seven Hundred and Fifty Eight (after Publick Notice by us Given Pursuant to the said Act) the severall [N?]ear Yearly Values or Rents of the severall Messuages Cottages Mills Lands Tenements and Heriditaments respectively unto which or in respect whereof such Right of Common was claimed as the same were either in the hands of the owners or proprietors of the same or as Left to the Tenants undertenants or Occupiers thereof Respectively for the year beginning the Twelth Day of May One Thousand Seven Hundred and Fifty Six were Ascertained by the Oath or Affirmation of the severall Owners of such respective premises or their Agents or Tenants respectively before us and Accounts o the same in Writing were severally then and there delivered to us Distinguishing the Freehold from the Copyhold pursuant to the power given to us in and by the said Act in manner following (that is to say) –

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Lynesack
and
Softley Township

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owners or proprietors of Lands and Tenements intituled to a right of Common upon the said Commons and the said Earl of Darlington and all the said parties being willing to refer the said last mentioned Disputes to the Arbitrators named in the same Act or any two of them the said Lord and the said Lord Bishop of Durham and the severall persons owners and proprietors of Lands and Tenements intituled to a right of Commons on the said wastes or commons by themselves Respectively or their respective Agents Consented and Agreed and Also prayed that we the said Commissioners would referr the said Disputes to the said Arbitrators or any two of them and together with us the said Commissioners did thereby Accordingly refer the said Disputes to the said Arbitrators or any two of them to Examine into the Truth and Merits of the Disputes and to make their Award in writing touching the same in such manner and from and within such time as by the said Act is directed and Appointed And the said owners within the Township of Evenwood in the said County also by themselves or Agents Appeared before us  and made claim to certain parts of the Wastes and Commons intended to be divided by the said Act in three severall parts thereof as belonging to and parcell of a Waste or Common called Evenwood common by reason whereof a Dispute did Arise touching the boundaries of the said Wastes or commons by the said Acct intended to be divided Between the Owners or proprietors of Lands and Tenements intituled right of common upon the said Commons intended to be divided and the Land Owners within the said Township of Evenwood and the said Severall parties being also willing to referr the said last mentioned dispute to the Arbitrators named in the said Act or any Two of them it was Consented and Agreed and Also prayed by all the said parties that we the said Commissioners would also referr the said last mentioned Claims and disputes to the said Arbitrators or any Two of them and together with us the said Commissioners the said parties did accordingly agree to refer the same to the said Arbitrators or any two of them to examine into the Truth and Merits of the said disputes and to make their Award in Writing touching the same in such manner and Form and within such time as by the said Act are directed and Appointed Farrer Wren and Miles Sandys Esquires by themselves or Agents also Appeared before us and made claim to an Exclusive Right of common upon a Large Tract of Land called Pennington Rake lying unenclosed on the North side of Spurnswood brook Adjoining or lying near to the Estate of Eudon Leeze Consisting of one Thousand Eighteen Acres and a half of Land being part of the Survey of the said Wastes so intended to be inclosed as aforesaid by reason of which A dispute did likewise arise Between the said Farrer Wren and Miles Sandys and the Owners or proprietors of Lands and Tenements intitled to right of common impon the said Common intended to divided as aforesaid touching such Exclusive right of Common and all the said parties being willing to referr the said disputes to the said Arbitrators or any two of them the said Farrer

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Wren and Miles Sandys and the rest of the severall persons owners or proprietors of Land and Tenements intitled to right of Common on the said wastes did by themselves or Agents respectively Consent and Agree and Also pray that we the said Commissioners would referr the said claims and disputes to the said Arbitrators or any two of them and we the said Commissioners and also the rest of the said Parties did thereby accordingly agree to referr the said Disputes to the said Arbitrators or any two of them to examine into the Truth of the said Disputes and to make their Award in writing touching the same in such manner and Form and within such time as by the said Act are directed and Appointed the Land Owners also within the Town of Wolsingham and South Quarters of the parish of Wolsingham in the said County by themselves or Agents Appeared before us and made claim to certain parts of the said wastes proposed to be divided as aforesaid lying on the North Side of Bedburne Fell beginning at a place called Standing Stone and Extending from thence Westward to a Currock of Stones called Greenthorn Currock thence to the Hartsolings thence to the Meeting of the Burns under ahope Shield otherwise Ape Shield and thence up South Grain Burn and out of the Nook or Crook of the same to the wester Brown Law Currock and thence in aright Line to Shanberry Rake whereby a dispute did also Arise touching the Boundaries of the said Wastes and Commons intended to be divided by the said Act between the Land Owners of Wolsingham and the South Quarters aforesaid and the severall Owners and proprietors of Lands and Tenements intitled to right of Common upon the said Commons intended to be divided as aforesaid and all the said parties being willing to referr the said Disputes to the Arbitrators named in the said Act or any two of them It was consented and Agreed and Also prayed that we the said Commissioners would referr the said Claims and Disputes to the said Arbitrators or any two of them And we the said Commissioners and the rest of the said Partys did accordingly referr the said Disputes to the said Arbitrators to Examine into the Truth and Merits of the said disputes and to make their Award in Writing touching the same in such manner and form and within such time as by the said Act are directed and Appointed …….

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……Bryan West also Appeared before us at our said first meeting and claimed two certain Parcells of Ground alledged to be part of the Wastes and commons intended to be divide by the said Act boundred as follows (that is to say) One parcel called or known by the name of Mayland Leigh lying on the West side of the Tenure of Mayland beginning at the Old Gateway in the West Enclose part of the said Tenure of Mayland and going from thence Northwards to an old Dike and thence Westwards by the Edge of the Hill and along the High Road leading from Witton to Eggleston to Mayland Currock and thence South East to a Sike called the head of Mayland Leigh and thence South  down that Sike to Lyneburne and so on the North side of Lyneburne Cross Mayland Way to Mayland Dikes  and the other parcel bounding on another on another [sic] part of the said Mayland Estate called Mayland Cottage Pasture on the West Poltree Pasture on the North and on Mayland Way and the Lords Waste on the East and South which he claimed to be Copyhold lying in the Township of South Bedburne aforesaid parcel and and held of the Manor of Wolsingham belonging to the Lord Bishop of Durham By reason of which claim a dispute did arise Between the said Bryan West and the said Lord Bishop of Durham and the Owners and Proprietors of the Lands and Tenements intitled to right of Common upon the said Wastes and Commons proposed to be divided whether the same was Copyhold or not and the said Severall parties being willing to referr the said Disputes to the said Arbitratorsnamed in the said Act or any two of them they did then and there consent and agree and also pray that we the said Commissioners would refer the said Claims and Disputes to the said Arbitrators or any two of them and Accordingly the same were referred to the said Arbitrators or any two of them to Examine into the Truth and Merits of the said Disputes and to make their Award in Writing touching the same in

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such manner and Form and within such time as by the said Act are directed and Appointed And Whereas at a Subsequent meeting of a competent number of us the said Commissioners the said Farrer Wren as owner of the Town or Township of Woodland appeared and made claim to certain parts of the Wastes and Commons intended to be divided by the said Act beginning at a place called Sim Close Nooke just by the end of Woodland Town thence North and by West over Spurnswood Water leaving the two Cleughs just on the Right hand thence to Kings Cragg in Eudale thence to Pawlow Pike thence Southwards to Hookbridge thence to Millstone Rigg having Isington Hills on the left hand thence to Dead Mans Currock down to Quarter Burn thence over Trumwelhills [Thrindle? no] to Cawthorne Currock down to the Upcast then to Billy Loaning End thence directly back to the Hindons and Cowley and thence to Sim Close Nook contain in the whole severall Hundred Acres of Land by reason whereof a Dispute did arise touching touching the Boundaries of the Wastes and Commons by the said Act intended to be divided Between the said Lord Bishoop of Durham and the Owners of Lands and Tenements intitled to right of Common upon the said Wastes and the said Farrer Wren the said Lord Bishop of Durham and the several other persons Owners and Proprietors of Lands and Tenements intitled to aright of  Commonupon the said wastes intended to be divided did by themselves or Agents Consent and also pray that the said Commissioners then present would referr the said Claims and Disputes to the said Arbitrators or any two of them accordingly they together with the said parties did referr the said Disputes to the said Arbitrators to Examine into the Truth and Merits thereof and to make their Award in Writing touching the same in such manner and form and within such time as by the said Act are directed and Appointed  ……

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Term of Twenty one Years in the said Act named subject to the rent reserved for the same in and by the said Lease and from and after the determination of the said Term then to and for the said Lord Bishop of Durham and his Successors Lords of the said Manor of Wolsingham And wee do also hereby sett out and appoint a way to be Twenty foot in breadth in this and over that part of the said Moors and Commons which is hereinafter first allotted for the said Lord Viscount Vane leading to the said parcel of Ground herein before assigned and allotted to the said Earl of Darlington for a road which we shall here after refer to and call by the name of the Edge Road by and along the South West Corner of the said Lord Viscount Vanes said allotment to the said parcel of Ground assigned to the said Earl of Darlington for the use of the Owners and Occupiers for the time being of the said Assigned parcel of Ground to pass and repass at all times herafter in thro’ over and along the same on foot or on Horseback and with all manner of Carriages and we do Also order and direct That for the Convenience of passing and repassing along the said way as aforesaid The said Lord Viscount Vane and all Persons Owners or Occupiers of his said Allottment shall within TwoYears from the Date hereof Erectand make and for ever thereafter uphold and Maintain Good and Sufficient Gates in the Fences of his said Allottment in such parts thereof as the said way doth lead and are now marked and Sett out for that purpose and that the said way thro’ the said Allottment shall be made and repaired by and at the Expence of the owners or occupiers for the time being of the said last mentioned Allottment  And we have  …

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And we do also hereby order direct Award and Appoint that all the said Severall common publick Highways above mentioned ascertained and Sett out and called by the severall names of Didridge Road Fitch Road Auckland Road Daniel Stone Road Ravensford Road Rackwood Hill Road Rowntree Road Bedburne Park Road Bedburne Bridge Road Howl Eil Road The East Part of the said Graine Row Road and the said North Part of the said Hagger Leeze Road and every of the said Roads shall and may from time to time and at all times hereafter be used by all and all manner of person and persons passing and repassing either on foot or with Horses Wains Carts Carriages or Cattle and for all other purposes whatsoever at their free will and pleasure and shall be and for ever remain of the breadth of Fourty Feet at the least and exclusive thereof the Ditches and that the same shall within Two years from the date hereof be made and for ever thereafter repaired and maintained by and at the Expence of the owners qand occupiers for the time being of the several allotments hereinafter by the assigned and sett out for and in respect of their Lands and Tenements within the Township of Hamsterley aforesaid Rateably in proportion and according to the yearly value of the said several Allotments and that they shall severally and respectively be Charged and Chargeable with such repairs and be obliged and Compellable to repair the same Ways and Roads by reason of the Tenure of the Severall Lands and Grounds hereinafter Allotted to them as aforesaid ….. And wee the said Commissioners do Also hereby award order appoint Ascertain and Sett Out within the Township of South Bedburn

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aforesaid the severall common Highways following (that is to say) that there shall be a Common Highway Fourty Foot in Breadth over and along those parts of the Wastes and Commons aforesaid leading Eastwards from Mayland Currock which separates and divides Woodland Common from the Wastes and Commons now to be divided to and towards a Gate leading into the inclosed Lands belonging to the said Richard Wharton called by the name of the intack where the Ancient Road through the said Intack now lyes and that the same Common Highway shall be Continued from another Gate on the East Side of the said Intack further Eastwards to the North East Corner of the said Thomas Browns Ancient Inclosures on Rackwood Hill and from thence to or towards Bedburne Bridge Road aforesaid at the North Corner of Lands hereinafter allotted to the said William Seaton as the same has also been Sett out and Staked which highway we shall hereafter referr to and call by the name of Windy Bank Road. And wee do also hereby Sett out and appoint another publick Highway forty Foot in breadth through and over that part of the said Wastes and Commons intended to be divided leading Southwards from and out of the said Windy Bank Road near to the North West Corner of Mayland Inclosures by and along Mayland Wall to Mayland Flood Gate as the same hath been also sett out and staked which Highway is the North Part of the Road which we shall hereafter refer to and call by the name of Crake Scarr Road. And wee do also hereby Sett out and appoint another publick Highway forty Foot in breadth through and over another part of the said Wastes and Commons intended to be divided leading Southwards from Lyneburne at the East End of Richard Vaseys Inclosed Lands in the Township of South Bedburne into Crane Row Road as aforesaid as the same hath been also sett out and Staked which Highway we shall hereafter referr to and call by the name of New Row Road And wee do also hereby sett out and Appoint another Publick Highway Forty Foot as the same is now also Staked and Marked out thro and over part of the said Wastes and Commons intended to be divided leading from Windy Bank Road aforesaid adjoining to or near a place called the Four Mile Currock and Extending from thence Eastwards to Redford and from thence Northwards on the West Side of the Ancient Inclosed Lands belonging the said Patrick Lyon to the North End of the said Nicholas Lowes Ancient Inclosed Lands adjoining to Apebury and from thence Northwards to or towards that part of the said South Bedburne Moor or common which is hereinbefore directed to remain unenclosed and not to be divided and which Highway we shall hereafter referr to and call by the name of Redford Road And we do also hereby Sett out and Appoint another Publick Highway Forty Foot thro’ and over that part of the said Wastes and Commons from Redford eastwards over and along the North end of a parcel of Ground hereinafter Allotted to the said Patrick Lyon and from thence over and along the Lands hereinafter severally allotted to the said Richard Wharton George Marshall and Ralph Watton and from thence into Windy Bank Road as the same is now also Marked or Dowked out and which we shall hereafter referr to and

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Call by the name of Crow Nest Road.  …….

……. And we do Also hereby sett out and Appoint another common Highway of the Breadth of Forty Foot thro’ over and Along that part of the said Moors and Commons intended to be divided leading Northwestwards out of the said Redford Road near to a gate leading into the said Patrick Lyons inclosed Lands at Redford now in the Possession of John Johnson [?] [Holmrow?] as Tenant thereof over and

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along the Lands herein after Hindly Allotted to the said Patrick Lyon adjoining upon a part of the said Bedburne Moor or Common hereinbefore directed to remain uninclosed and not to be divided as the same hath been also Marked or Dowled out which Road we shall hereafter referr to and call by the name of Ape Shield Road And wee do Also hereby sett out and Appoint another common Highway of the Breadth of Forty Foot thro’ over and Along that part of the said Moors and Commons intended to be divided leading from Redford aforesaid Westwards by and along Spurnswood Brook into the Ancient Road leading thro’ the inclosed Lands at Eudon Leeze and from a Gate at the North west corner of the said inclosed Lands leading Westwards over and along Pennington Rake by the South Side of the Stone Fold and from thence Westwards near to High Acton Currock and from thence further westwards to the south side of Evers Pools as the same hath also been sett out and staked which highway we shall hereafter referr to and call by the name of Egglestone Road. And wee do Also hereby sett out and Appoint another common Highway of the Breadth of Forty Foot leading North Eastwards from and out of Egglestone Road aforesaid on the South side of Evers Pools over and along that part of the Wstes now to be Divided called Acton Moor to a Great Stone called Acton Stone in Acton Brook and from thence further North Eastwards over and along Neighbour Moor Common to a Green Thorn Tree near Green Thorn Well and thence to the West End of the said Sir John Edens Ancient inclosed Lands called Redgate Shield and from thence crossing Cloudlams Beck and Sharnsberry Beck to the High Road on the South East Side of Brownlaw Currock leading to or towards Wolsingham upon the said Bedburne Moor or Common which is hereinbefore  Directed to remain unenclosed and not to be divided as the same has Also been Sett out and Staked which Highway we shall hereafter referr to and call by the \name of Redgate Shield Road. . And wee do Also hereby Order and Appoint that there shall be one other common Highway of the Breadth of Forty Foot to lead from the said Shull Road at the South East Corner of a parcel of Land hereinafter fourthly allotted to the said William Blackett of Helmington Hall to that part of Bedburne Common called Hoppyland Fell which is hereby directed to remain unenclosed and undivided leading from Bedburn Bridge towards Stanhope as the same hath also been Sett out and Staked which Highway we shall hereafter referr to and call by the name of Stanhope Road. And we do Also hereby Order and Appoint that there shall be one other common Highway of the Breadth of Forty Foot to lead from that part of South Bedburne commonly called Brown Law Fell which is hereinbefore directed to remain unenclosed as aforesaid near to the North West Corner of the Lands hereinafter Thirdly allotted to the said Patrick Lyon over Apeburne and from thence Northwards over and Along the Lands hereinafter allotted to the Said Doctor Thomas Chapman to another part of  the said Bedburne common called Hart Sowlings which is hereinbefore directed to remain unenclosed and not to be divided as the same hath been sett out and Staked and which we shall hereafter referr to and call by the name of Hart Sowlings Road. And wee do hereby

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also order Set out and Appoint another Publick Highway of the Breadth of Forty Foot thro’ and over that part of the said Wastes or Commons to be divided leading Southwards from a place called Cloudlam Rake into over and along the West End of Penningtons Rake to the Road in Smiddy hirst Sike as the same hath also been sett out and Staked which Highway we shall hereafter referr to and call by the name of Acton Road. And wee do Also hereby Order sett out and Appoint another Publick  Highway of the Breadth of Forty Foot thro’ over and along that part of the said Wastes and or Commons intended to be divided leading Westwards from the Northwest End of an Ancient Road called new Road Lane to Podshole Mill road And we do also hereby order direct Award and Appoint that all the said Severall common publick Highways above mentioned ascertained and Sett out and called by the severall names of  the Windy Bank Road  the north part of the said Crake Scarr Road as is hereinbefore mentioned and described new row Road Redford Road Crow Nest Road Shipley Road Hartup Road Shull Road Hoppyland Road Apeshield Road Redgate Shield Road Stanhope Road Hart Sowlings Road Acton Road and Podshole Mill road and every of them shall and may from time to time and at all times hereafter be used by all and all manner of Person and Persons passing and repassing either on foot or with Horses Wains Carts Carriages or Cattle and for all other purposes whatsoever at their free will and Pleasure and shall be made and for ever remain of the breadth of Fourty Feet at the least and within the Ditches and Exclusive thereof and that the same shall within Two years from the date hereof be made and for ever thereafter repaired and maintained by and at the Expence of the owners and occupiers for the time being of the several allotments hereinafter by us assigned and sett out for and in respect of their Lands and Tenements within the Township of South Bedburne aforesaid Rateably in proportion and according to the Yearly Value of the said several Allotments and that they shall severally and Respectively be Charged and Chargeable with such repairs and be obliged and Compellable to repair the same Ways and Roads by reason of the Tenure of the Severall Lands and Grounds hereinafter Allotted to them as aforesaid.

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