THE ENCLOSURE DOCUMENT FOR KIRKBY MALLORY

 1771 

EXTRACT TAKEN FROM NICHOLS, VOL. IV   PART II

 

                 In an act of parliament passed in the year. 1771, for dividing and inclosing in the parish of  Kirkby Malory, several open fields and common pastures, containing 780 acres.  

Edward lord viscount  Wentworth is described as lord of the manor, and patron of the rectory of Kirkby Malory aforesaid; and also as owner or proprietor of all the land in the said open fields and common pastures, except about   106 acres, 3 roods, and 25 perches, which belong to the said rectory; and one piece of land in the said fields, containing about 3 roods, in respect whereof there is  no right of common in the said fields and  pastures; and owner and proprietor of all the rights of common in and upon the said fields and pastures, except what belongs to the said rectory;and also as owner or proprietor of two closes in Kirkby Malory aforesaid, called respectively  Townsend's Little Croft, containing 3 roods and 35 perches;   and Dewell's Croft, containing 3 roods and 24 perches, and likewise of 15 closes in Kirkby Malory aforesaid, called New Closes, containing,  together 51 acres, 3 roods, and 4 perches, or thereabouts.  And the Rev. Rowny Noel, D.D. as rector of Kirkby Malory, entitled to the said  land,   containing about106acres, 3 roods, and 25 perches, and to right of common in the said fields  and pastures;  and also to a cottage in Kirkby Malory aforesaid, then in the tenure of Thomas Cooper, and to the  yard or  back-side thereto belonging, containing, with the ground whereon the cottage stands, about 2 roods;  and to a close in Kirkby Malory aforesaid, called Battling Croft, containing about 10 acres, 3 roods, and  26 perches; to two closes called New Closes, containing about 6 acres, 1 rood, and 35 perches; and to a close there called Snow's Yard, containing about I acre; and likewise to all the tithes of corn  and grain yearly growing within the said fields and pastures, and in all the said several closes belonging to the said Edward lord viscount Wentworth, and to a yearly modus of four pounds, or  several yearly  moduses amounting together the sum of four pounds, in lieu of all other tithes of the   whole of the said fields and pastures, and of the said New Closes belonging to the said Edward lord  viscount Wentworth, and also in lieu of the tithes of several gardens, orchards, and homesteads, in Kirkby Malory aforesaid,  then belonging to the said Edward lord viscount Wentworth; and to all manner  of tithes yearly growing  within the said closes belonging to the said rectory, called Battling Croft,  New Closes, and Snow's Yard. 

       And it is directed by this act, that all that parcel of land in the said fields called Long Sitch  (containing about 144 acres and 2 roods, and contiguous to a homestead belonging to the rectory),  and so much of The Nether Field, bounded towards the East by the lordship of Peckleton, towards  the South by the brook between the lordships of Kirkbv Malory and Earl Shilton, and by the said piece  of land containing about 3 roods, towards the West by other part of The Nether Field, and towards  the North by the said place called Long Sitch, as with Long Sitch will contain in the whole 183 acres, 2 roods, and 36 -perches, discharged of all right of common thereupon in Edward lord viscount  Wentworth, and all persons claiming under him, and all lord Wentworth`s right of common upon  the said piece of land containing as aforesaid about 3 roods, and also the said closes called respectively  Townsend`s Little Croft and Dewell`s Croft, shall forever from and after the 10th day of October  1771, be vested in the said Rowney Noel and his successors, rectors of the said rectory for the time  being, in full satisfaction for the said land then belonging to the said rectory, containing about l06 acres,  3 roods, and 25 perches; and also for all the right of common in the said fields and pastures belonging to the said rectory, and for the said cottage and yard or backside thereunto, belonging to the said closes  then belonging to the said rectory, called respectively Battling Croft and New Closes, and so much of  the said close called Snow's Yard as lies Northward of the said pond or piece of water therein;   and for   the tithes of all kinds of the same closes, and of the said cottage and yard or backside; and  also for all the tithes of corn and grain yearly growing, renewing, and increasing, upon the land in the   said  fields and pastures herein after vested in the said Edward lord viscount Wentworth, and upon all  the  said several closes belonging to the said Edward lord viscount Wentworth, called New Closes; and also  for the whole or such part or parts of the said modus or moduses as is or shall be considered as due  or payable for, or on account of, all or any of the same New Closes, or any part thereof, or of  the   whole or any part of the land in the said fields and pastures herein after vested in the said Edward  lord viscount Wentworth, or on account of all or any of the said gardens, orchards, and homesteads, belonging to him the said Edward lord viscount Wentworth; and also for all the tithes covered or  compensated for by the whole or such part or parts as aforesaid of the said modus or moduses, or in respect whereof the same are payable; and the said 183 acres, 2 roods, and 36 perches of land, are from thenceforth for ever to be accepted and taken as such by the said Rowney Noel and the rectors  of the said rectory for the time being. 

     And that all the residue of the land in the said fields and pastures  (except the said piece of land containing about 3 roods) absolutely discharged of all right of common  thereupon, or upon any part or parts thereof, belonging to the said rectory, or to be claimed by the  rector thereof for the time being, and also absolutely discharged of all tithes in kind and moduses and  other payments lieu of tithes issuing, payable or belonging to the said rectory, for the same or any part  or parts thereof, or to be claimed by the rector for time being of the said rectory, and also the said  cottage and yard or backside, thereunto belonging, and the said closes then belonging to the said rectory,  called respectively Battling Croft and New Closes, and so much of the said close called Snow's Yard as 1ies Northward of the pond or piece of water therein, also absolutely discharged of all kinds of tithes  and moduses, and other payments in lieu of tithes issuing or payable out of or for the said cottage and  yard or backside and the said closes, or out of or for any part or parts thereof, to the said rector of the  said rectory for the time being, shall, in lieu of and full satisfaction and compensation for all the land and right of common in the said fields and pastures then belonging to the said Edward lord viscount Wentworth, and for the said several closes, called respectively Townsend's Little Croft and Dewell's Croft,  for ever, from and after the said 10th day of October 1771, be vested in the said Edward lord viscount  Wentworth, and his heirs, for the same uses and trusts, and subject to tile same settlements, limitations, powers, charges, and encumbrances, and no other, as the said crofts, called respectively Townsend's  Little Croft and Dewell's Croft, and the land and right of common in the said fields and pastures  then belonging to him, as then stood subject and limited to, and in case this act had not been made, and shall from thenceforth be accepted and taken as such accordingly; and that, from and after the said    10th day of October 1771, all tithes and moduses, and other payments in lieu of tithes, issuing or payable  to the rector of the said rectory, on account of the said gardens, Orchards, and homesteads,   belonging  to the said Edward lord viscount Wentworth shall cease, and be for ever extinguished.  The lands vested in the rector to be subject to the same payments as the hereditaments and  premisses in lieu of which they are vested were subject to pay.
 

 The above passage that I have shown high lighted in red,

could this refere to

"The cottage in the tenure of Thomas Cooper", could this be Rose Cottage in Stapleton Lane? it is adjacent to the field known as Battling Croft referred to in the same text.
    There would certainly have been a map to accompany the above document being produced at the time of implication, as yet I have no evidence that one has survived ?

The "pond and piece of water" referred to above has two possible locations, to the North of the village in the fields known as Water Furrows and Calves Craft respectively, these two ponds still exist. The second possible location, now dried up, is off the Barwell Road in the small field in front of the old rectory an early map shows water standing there.