121A 0R 20P
AND WE do set out allot Award and assign unto and for the said Christopher Ausley and assigns during the continuance of his said Lease and subject to such rent or rent as are thereby reserved And after the determination thereof unto and for the Master Fellows and Scholars of the said College and their Successors subject to the proviso or declaration hereinafter contained the six several allotments or parcels of Land next hereinafter mentioned and described that is to say One Hundred and Twenty One Acres and Twenty perches of land more or less lying in the said North Field and in several Inclosures taken or enclosed there from within sixty years next before the passing of the said Act And also in the said Mould Ings and bounded by the Township or Harswell and Lands herein awarded for getting Sand on towards the North by a public Highway or Road herein awarded and called Harswell Road and by the said Lands herein awarded for getting Sand on or towards the East by other Land herein awarded to the said Christopher Ausley in lieu of Glebe Lands on or towards the south and by antient enclosed Lands in the said Township of Holme and Lands herein awarded to the said Marmaduke Lord Langdale on or towards the west
AND WE do order award and direct that the said Christopher Ausley and his assigns during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors and Assigns for ever shall maintain and Keep in sufficient repair the Ditches and fences already made under our direction pursuant to the said Act on part of the North End and on the whole of the east side and South End of this Allotment dividing the same from the said Lands so awarded for getting Sand the said Harswell Road and from the said other Lands herein awarded to the said Christopher Ausley and his Assigns in lieu of Glebe as aforesaid
No. 9 on map
165A 2R 0P
AND ALSO One Hundred and Sixty five Acres and Two roods of Land more of less lying in the said North Field and East Common and in certain Inclosures taken and enclosed from the said North Field as aforesaid and bounded by the Township of Harswell on or towards the North by a Public Highway or Road herein awarded and called Shipton Road on or towards the East by a public Highway or Road herein awarded and called Weighton Road on or towards the South by the said Harswell Road on or towards the West
AND WE do order and direct that the said Christopher Ausley and his assigns for and during the continuance of his Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors or Assigns for ever shall hereinafter maintain and Keep in sufficient repair the Ditches and Fences already made under our direction pursuant to the said Act in the east and west ends and south side of the Allotment dividing the same from the said three last mentioned Roads
No. 26 on map
32A 0R 30P
AND ALSO Thirty two Acres and thirty perches of Land more or less lying in the said North Field and in a parcel of ground enclosed or taken there form as aforesaid and bounded by the said Weighton Road on or towards the north by Lands herein awarded to the said Marmaduke Lord Langdal on or towards the east and south and by Lands herein warded to William Preston Esquire on or towards the west
AND WE do order award and direct that the said Christopher Ausley and his assigns for and during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors and Assigns for ever shall hereafter maintain and keep in sufficient repair the Ditches and Fences already made under our direction pursuant to the said Act on the north side and West end of this Allotment dividing the same from the said Weighton Road and the lands awarded to the said William Preston
No. 8 on map
107A 3 A 15P
AND ALSO One Hundred and Seven Acres Three Roods and Fifteen Perches of Land more or less lying on the said East Common and bounded by the said Shipton Road on or towards the North and West by lands herein severally awarded to His Grace and Duke of Devonshire and William Henderson on or towards the East and by the said Weighton Road on or towards the south
AND WE do order award and direct that the said Christopher Ausley and his assigns for and during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors or Assigns for ever shall maintain and keep in sufficient repair the Ditches and Fences already made under our direction pursuant to the said Act on the north and side sides and west end of this Allotment dividing the same from the said two mentioned roads
No. 60 on map
386A 2R 30P
AND ALSO Three Hundred and Eighty Six Acres Two roods and thirty two perches of Land more or less lying on the said West Common and bounded by Lands herein severally awarded to William Sotheran Esquire and the said Lord Langdale on or towards the North by the ground intended for the Bank of the Canal to Market Weighton on or towards the East by the Landing Place herein awarded adjoining upon the said Canal by a Road leading there from towards Halme as also by the said Wholsea Road in part and by the ancient enclosed Lands called Tollingham in other part on or towards the south and by lands herein awarded to John Surr on or towards the west
AND WE do order award and direct that the said Christopher Ausley and his assigns for and during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors or Assigns for ever shall maintain and keep in sufficient repair the Ditches and Fences already made under our direction pursuant to the said Act on part of the North Side and on the whole of the south side of the Allotment dividing the same from the lands so awarded to the said Lord Langdale and from the said Landing Place and from the said two last mentioned Roads
No. 65 on map
93A 2R 8 P
AND ALSO Ninety Three Acres Two Roods and eight perches of Land more or less lying on the West Common and bounded by the said Wholsea Road on or towards the North and East by the said Drain Road on or towards the south and by other land herein awarded to the said Christopher Ausley and the said Master Fellows and Scholars as aforesaid in lieu of the tithes and ancient enclosed Lands in the said Township and Parish of Holme on or towards the West
AND WE do order award and direct that the said Christopher Ausley and his assigns for and during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors or Assigns for ever shall maintain and keep in sufficient repair the Ditches and Fences already made under our direction pursuant to the said Act on the North Side and East End of this Allotment dividing the same from the said Wholsea Road and also a sufficient Fence upon the North Bank of the Drain on the south side of the same allotment
WHICH said six several last mentioned Allotments do in our Judgment (quantity quality and situation considered) contain and are equal in value to one full seventh part of all the residue of the said several open Fields by the said act directed to be divided and enclosed and of the lands and grounds at any time taken or enclosed therefrom within the space of sixty years next before the passing of the said Act which were or are subject or liable to the payment of Tithes in Kind and for or in lieu of the Tithes or of which the Modus or Moduses was or were or is or are of right ought to be paid as hereinafter mentioned with respect to the lands and grounds discharged or exempt from Tithes by the payment of any such modus or moduses
And the said Allotments also in our Judgement (quantity quality and situation considered) contain and are equal in value to one full tenth of all the said Carrs, Ings or Meadow Grounds and Commons or Waste Grounds And are so set out allotted awarded and assigned as aforesaid in lieu of and as a full and adequate compensation and satisfaction for all the great or Rectorial and other Tithes Ecclesiastical Dues and payments whatsoever issuing arising renewing or increasing or due and payable or which might hereafter arise or become due and payable from henceforth for all times to come (if not extinguished by the said Act) unto the said Christopher Ausley as Lessee as aforesaid and his assigns or to the Master Fellows and Scholars and their Successors as aforesaid out of or from the said several open Fields and the Lands or Grounds so enclosed or taken therefrom
And also out of or from the said Carrs Ings Meadow Grounds Commons or Waste Grounds respectively (Moduses only excepted) But subject nevertheless to the proviso of declaration hereinafter contained And shall be accordingly accepted and taken by the said Christopher Ausley and his Assigns and the said Mast Fellows and Scholars and the Successors subject as aforesaid
No. 64 on map
162A 3R 0P
AND WE do also set out and allot award and assign unto and for the said Christopher Ausley as Lessee as aforesaid and his assigns during the continuance of his said Lease and under subject to the rent or rents thereby reserved and after the determination thereof unto and for the said Master Fellows and Scholars of the said College and their Successors and also unto and for the said Christopher Ausley as Vicar of Holme aforesaid and to his Successors Vicars of Holme for the time being according to their several and respective estate right share and Interest of in and to the Tithes Ecclesiastical Dues Matters and things in lieu or in respect of which this Allotment is made as next hereinafter mentioned One Hundred and Sixty Tow Acres and three roods of land more or less lying on the said West Common and bounded by the said Wholsea Road on or towards the North by other lands herein awarded to the said Christopher Ausley as aforesaid in lieu of the Tithes of the Lands and Grounds by the said Act directed to be divided and enclosed on or towards the east by the said Drain Road on or towards the south by other lands therein awarded to the said Christopher Ausley in lieu of Glebe on or towards the West
And We do order award and direct that the said Christopher Ausley nad his assigns for and during the continuance of his said Lease and after the determination thereof the said Master Fellows and Scholars of the said College and their Successors or Assigns And the said Christopher Ausley as Vicar of Holme aforesaid and his Successors Vicars of Holme aforesaid for the time being for ever according to such their state share right and Interest shall maintain and keep in sufficient repair the Ditches and Fences already made under our pursuant to the said Act on the North End and East side of this Allotment dividing the same from the Wholsea Road and from the lands so awarded to the said Christopher Aunsley as aforesaid in leiu of the Tithes
And Also a sufficient fence upon the North Bank of the Drain at the South End thereof Which said last mentioned Allotment is so allotted and awarded as aforesaid in lieu of and as a full just and adequate compensation and satisfaction for all the Great and Rectorial and other Tithes Ecclesiastical Dues and payments of what nature and Kind soever (Moduses only accepted) issuing arising renewing and increasing or due and payable unto the said Christopher Ausley as Leasee as aforesaid and his Assigns or the said Master Fellows and Scholars and their Successors out of or in respect of all and singular the residue of the Titheable lands grounds and Hereditaments within the said Township and Parish of Holme which are not by the said Act directed to be divided and enclosed as aforesaid for all times to come
And Also in lieu of and as a full just and adequate compensation and satisfaction for all the Vicarial or small Tithes and other Ecclesiastical Dues and payments of what nature or kind soever (Mortuaries and Surplice Fees excepted) issuing arising renewing and increasing or due and payable or which if not extinguished by the said act would or might arise or become due or payable to the said Christopher Ausley and his Successors as Vicars of Holme aforesaid out of or for or in respect of all or any of the same last mentioned lands grounds or hereditaments
The same Allotment being in our Judgement a full just and adequate compensation and satisfaction (quantity quality and situation considered) for all such Tithes and Payments as aforesaid upon a just and fair estimate made by us of the true value thereof respectively one year with another
And in order to ascertain and specify such of the said residue of the Titheable Lands Grounds and Hereditaments in respect of which the said last mentioned Allotment is made as were subject to the payment of all manner of Tithes in kind and for or in respect of which no Modus or Moduses is or are paid or payable
We do award and declare that the same consist of the particulars and contain by Admeasurement the respective quantities following (that is to say) of divers ancient enclosed Lands or Grounds and Hereditaments situate at or commonly Hasholme in the said Parish of Holme containing in the whole Seven Hundred and Sixty Two Acres Two roods and Twenty perches more or less
And also of Three other Closes or parcels of Ground situation in Burne in the Parish of Holme aforesaid commonly called or known by the name of Gib Acres and containing together by Admeasurement Seventeen Acres Three Roods and Twenty four perches more or less
AND also certain other closes lands grounds and Hereditaments situate at or commonly called Skiff in the said Parish of Holme containing in the whole One Hundred and One Acres and sixteen perches more of less
All which said Closes and premises above described now belonging to and are the property of William Sotheran Esquire
AND ALSO of Thirteen Closes or parcels of ancient enclosed Land or grounds in the Township of Holme aforesaid commonly called or known by the name or names of Park Closes otherwise Park Wood Closes containing together by Admeasurement One Hundred and Thirty five Acres and Three Roods more or less
And also of divers other Closes lands grounds and hereditaments situate at commonly called Arglam in the said Parish of Holme containing in the whole Three Hundred and forty three Acres two roods and four perches more or less
Which said Park Closes and the Lands Grounds and Hereditaments at or called Arglam aforesaid now belonging to and are the property of the said Marmaduke Lord Langdale And all which said grounds lands and hereditaments above mentioned to have been titheable are specified and delineated in the plan hereunto annexed and therein coloured in Red
AND WE do also award determine and declare that the residue of the ancient enclosed Lands Grounds and Hereditaments in the said Township and Parish of Holme are not titheable in Kind but that certain ancient Moduses or sums of money have been from time to time immemorially paid for or in lieu of all such Tithes Ecclesiastical Dues and payments issuing or arising therefrom or due or payable for or in respect thereof as are not by the said Act intended to be extinguished and for which Allotments are thereby directed to be awarded And therefore we do order award and direct that all such Moduses and sums of Money shall fore ever hereafter continue to be paid and payable by the several and respective Owners or Proprietors for the time being of the said residue of the ancient enclosed Lands Grounds and Hereditaments chargeable or subject to the payment thereof in such proportions manner and form as the same have heretofore usually been and of right ought to be paid All which said Messuages lands grounds tenements and Hereditaments for or in respect of which any Modus or Moduses or sum or sums of Money is or are paid or payable are also specified distinguished and delineated in the Map or Plan hereunto annexed by being therein coloured Green
AND WE do also award and declare that all and every the Owners of Ancient enclosed Lands Grounds or Hereditaments within the said Township and Parish of Holme which appeared to us to be or were or are in or Judgement subject of liable to the payment of any manner of Tithes in Kind or other Eclessiastical Dues or payments had and were entitled especially to sufficient shares or allotments of or in the said Commons or Waste Grounds to contribute in proportion to the whole of such their respective ancient inclosed lands grounds or hereditaments within the said Township and parish of Holme towards the equivalent to be allotted out of the said Commons or Waste Grounds in lieu of the Great or Rectorial and Vicarial or small Tithes Dues and payments issuing arising or payable out of or in respect of the same as aforesaid So that no part of such ancient enclosed Lands Grounds or Hereditaments or the Owners or Occupiers thereof for or in respect of the same do or shall hereafter remain or be subject or liable to the payment of Tithes in Kind or any other Ecclessiastical Dues whatsoever (Moduses Mortuaries and Surplice Fees excepted)
No. 12 on map
50 A 3R 20P
AND WE do also set out and allot award and assign unto and for the said Christopher Ausley and his Assigns during the continuance of the said Lease and subject to such rent or rents as are thereby reserved and after the determination thereof unto and for the said Master Fellows and Scholars of the said College and their Successors subject to the proviso or Declaration hereinafter contained the three several Allotments or parcels of land next hereinafter mentioned and described that is to say Fifty Acres Three Roods twenty perches of land more of less lying in a parcel of ground called Great Tatham and in the said North Field (Some part of which was enclosed from the said Great Tatham within Sixty Years before the passing of the said Act) and bounded by lands herein severally awarded ti Sir George Mongomery Metham Knight and the Heirs or Assigns of Thomas Belt and by ancient enclosed Lands in the said Parish of Holme on or towards the North by Ancient Enclosed Lands in the same Parish and Lands herein awarded to the heirs or assigns of the said Thomas Belt on or towards the East by the said Weighton Road and by ancient enclosed Lands and Lands herein awarded to William Savage on or towards the south and by lands herein severally awarded to the said William Savage and Sir George Mongomery Metham and by ancient inclosed Lands in the said Parish of Holme on or towards the west
AND WE do order award and direct that the Owners or Occupiers of this Allotment for the time being shall for ever hereafter maintain and keep in sufficient repair the Ditch and Fence already made under our direction pursuant to the said Act on part of the south end and on part of the West side thereof dividing the same from the Weighton Road and the Lands so awarded to the said William Savage
No. 11 on map
31A 2 R 20P
AND ALSO Thirty One Acres Two Roods and twenty perches of Land more or less lying in the said North Field and bounded by other lands herein awarded to the said Christopher Ausley as aforesaid in lieu of the Tithes of the lands and Grounds by the said Act directed and divided and enclosed on or towards the North by the said Harswell Road on or towards the East by the said Weighton Road on or towards the south and by ancient enclosed Lands in the said Parish of Holme on or towards the west
AND WE do order award and direct that the Owners or Occupiers of this Allotment for the time being shall for ever hereafter maintain and keep in sufficient repair the Ditch and Fence already made under our direction pursuant to the said Act on the east end and south side of this Allotment dividing the same from the said last two mentioned Roads
No. 62 on map
170A 0R 0P
AND ALSO One Hundred and Seventy Acres of Land or less lying on the said West Common and bounded by the said Wholsea Road on or towards the North by other Lands herein awarded o the said Christopher Ausley as aforesaid in lieu of the tithes of ancient enclosed Lands within the said parish of Holme on or towards the East by the said Drain Road and lands herein awarded to the Reverend Thomas Bowman on or towards the south and by lands herein awarded to the said Thomas Bowman on or towards the west
AND WE do order award and direct that the Owners of Occupiers of this Allotment for the time being shall for ever hereafter maintain and keep in sufficient repair the Ditches and Fences already made under the direction pursuant to the said Act on the North end and East side thereof dividing the same from the said Wholsea Road and the other Lands so awarded to the said Christopher Ausley as aforesaid And also a sufficient fence upon the North Bank of the Drain at the south end of this Allotment and shall likewise dress cleanse scour and for ever hereafter sufficiently maintain the Drain on part of the West side thereof beginning at the said Wholsea Road and extending southward as far as this Allotment adjoins upon the same Drain
Which said three several last mentioned Allotments are so allotted and awarded as last above mentioned for and in lieu of One Hundred and thirty eight Acres three roods and twelve perches or thereabouts of Glebe Land Lately lying dispersed in the said several Fields Carrs Ings or Meadow Grounds and in respect of five Common Right Houses one of them being the Rectory House another the Vicarage House and the other three Messuages or Cottages now or late in the occupation of John Surr Ann Ridsdale and Thomas Smith or their respective Assigns
And also is respect of Thirty four Acres two Roods and thirty two perches of ancient enclosed Glebe Lands or Grounds in the said parish of Holme All which said last mentioned premises were parcels of or belonging to the said Rectory and Vicarage of Holme aforesaid or one of them
AND WHEREAS it is in and by the said recited act of Parliament provided and enacted that in case it should appear to the Commissioners thereby authorized or any two of them that the said Christopher Ausley then was or that he and his Successors would or might thereafter be entitles as Vicars of Holme aforesaid for the time being to any Tithes or other Ecclesiastical Dues or payments whatsoever (other than Moduses) from out of or for in respect of all or any of the said several open fields Carrs Ings Meadow Grounds and Commons or Waste Grounds thereby directed to be divided and enclosed
Then and in such case the said Commissioners or any two of them should set out and allot unto and for the said Christopher Ausley and his Successors as Vicars or Holme aforesaid for the time being such respective share or proportion of the said seventh part of the same Fields and of the tenth part of the said Commons or Wast Grounds thereinbefore respectively directed to be set out for or in lieu of the Great or Rectorial Tithes thereof in manner aforesaid as should in the Judgement of the said Commissioners or any two of them (quantity quality and situation considered) be an adequate compensation and satisfaction for all such Tithes or other Ecclesiastical Dues or Payments to which the said Christopher Ausley or his Successors might be so entitled or which might become due or payable to him or them as such if not extinguished by the said Act from thenceforth for all time to come out of from or for the said Field Carrs Ings or Meadow Grounds and Commons or Waste Grounds respectively
AND WHEREAS diligent Enquiry hath been made by us in order to find out ascertain and distinguish what lands tenements hereditaments Tithes or other Ecclesiastical Dues or payments (other than Moduses) the said Christopher Ausley is or which he or his Successors might be entitled to as Vicars of Holme aforesaid within or out of or for or in respect of all or any of the said several open fields Carrs Ings or Meadow Grounds and Commons or Waste Grounds respectively of elsewhere in the said parish of Holme But no Endorsement of the said Vicarage nor any Authentic of satisfactory Evidence of the distinct and separate rights of the said Master Fellows and Scholars or their Lessee and the Vicar of the said Vicarage for the time being hath been produced to or proved before us
And all the Lands tenements hereditaments tithes and other Ecclesiastical Dues and payments belonging as well to the said Rectory as to the said Vicaage of the Parish and Parish Church of Holme aforesaid respectively having been as far as we can find always held enjoyed and received by the Vicars of the said Vicarage for the time being as Vicars thereof and as Lessees of the said Rectory under the said Mast Fellows and Scholars or in one of those rights without any distinction We have not been able to discover or make out to our satisfaction what part or parts species or particulars of such lands tenements Hereditaments Tithes Dues or Payments the said Christopher Ausley as Vicar as aforesaid or his Successors is or would have been entitled to in not compensated for or extinguished by the said Act although he or they may be entitled to some part or parts species or particulars thereof
And therefore to the intent that no injury or prejudice may arise to the said Vicarage or the Vicars thereof for the time being by reason or for want of the same being ascertained or for or on account of the setting out allotting or awarding of the several lands and grounds above mentioned for and in respect thereof IT IS HEREBY PROVIDED AND DECLARED and We doe hereby provide declare order award and determine that the several Allotments or parcels of land or Ground hereinbefore set out and awarded unto and for the said Christopher Ausley in manner above mentioned are so set out and awarded for and in lieu and in respect of the Lands tenements Hereditaments Tithes and other Ecclesiastical Dues and payments (Moduses Mortuaries and Surplice Fees excepted) of or belonging as well to the said Rectory as to the said Vicarage according to the respective Estates rights and Interests of the said Master Fellows and Scholars and their Successors or Assigns and the said Christopher Ausley and his Successors as Vicars as aforesaid and not otherwise
And that her the said Christopher Ausley and his Successors Vicar of Holme aforesaid for the time being shall and may from time to time and at all time hereafter have hold and enjoy and be seized of and entitled to such part or parts and so much of all the said several allotments or parcels of land or ground or any of then as shall be equal in proportion to the value which the lands tenements hereditaments Tithes or other Ecclesiastical Dues or payments of or belonging to him or them as Vicars as aforesaid bear to the lands tenements Tithes or other Ecclesiastical Dues or payments of or belonging to the said Rectory or to the said Master Fellows and Scholars or their Successors or assigns in respect thereof wherever the same shall be ascertained and distinguished in case of any Division thereof
And further that if any such division shall ever happen then that the Owners or occupiers for the time being of each respective Allotment or of any particular art or share thereof shall ever afterwards maintain and keep in sufficient repair such of the Ditches and parcels belonging thereto as are hereinbefore awarded to be repaired in respect thereof as far as the said respective allotments or parts or shares thereof shall extend and not otherwise anythingherein contained to the contrary notwithstanding