Common Fields Article 1740

A Copy of an Article signed and executed by and between the Rector and Parishioners of Little Gransden in the County of Cambridge, recorded in this Register, in perpetuam rei memoriam.

Know All Men by these presents, we James Musgrave, Henry Boston, Thomas Cooper, Joseph Chamberlaine, John Cole, William King, John Astwood, Surples Fuller, William Betts, John Spencer, John Gregory, Robert Fuller, Thomas Dale, John Hooper, Richard Single, Rector and Parishioners of the Parish of Little Gransden in the County of Cambridge are held (each of us for our selves and not for one another) did firmly bound to one another in the penal Sums of forty Shillings of good and lawfull money of Great Britain to be paid to every or any of Us or our certain Attorney Executors Administrators or Assigns, to the payment whereof we severally bind our Selves our heirs Executors and Administrators firmly by these presents dated this seventh day of May in the thirteenth year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland, King Defender of the Faith and in the Year of our Lord Christ One thousand seven hundred and forty.

The Condition of this Obligation is such, that whereas of late Years there have been several Encroachments made and unjust practices have obtained in the Parish Common Fields of Little Gransden aforesaid to the great damage and injury of the said Parishioners, in the enjoyment of their just and undoubted Rights and Privileges in the Comon Fields of the said Parish, and the waste Grounds, Deans, Hathens, Balks, Land ends, Lott Grass, Several Grass and Church Grass in the Common Fields of the Parish aforesaid; for the preventing whereof for the time to come and for the publick utility of the said Parish is hereby mutually consented and agreed upon by and between all and every of the parties to those presents that from and after the day of the date hereof, [?????] or parishioners of the said parish shall plow up or convert into tillage any Grass Ground old Sward Ground or Waste Ground whatsoever that is now in Grass or that of any time hath been and now is in Grass, that is to say, Deans, Hathens, Balks, Common Balks Common Ways, Land Ends, Lott Grass, several Grass, and Church Grass or any other common Grass (if there be any) whatsoever be the common fields, and Bounds of the Parish of Little Gransden aforesaid and that when and so often as any default, Encroachment or unjust plowing of Grass

Grounds shall be plowed or done by any of the parties to those presents or by their Sons, hired Servants or hired day Man or any other of the Agents, that they and immediately the party offending, in any or all of the aforesaid particulars, shall pay or well and truly cause to be paid unto any one or all of the Parties (not offending) upon demand, the Sums of twenty shillings, for every offence done or repeated in all and singular the aforesaid particulars, committed contrary to this agreement and the true intent and unweaving thereof and impound or default or refusal of payment of twenty shillings as aforesaid it shall and may be lawfull for all or any one of the rest of the parties to those presents to the for at Common Law, or in the County Court for the said Sum or Sums of twenty Shillings so forfeited and be come payable as abovesaid. And it is further covenanted for and agreed upon by all the parties to those presents that upon like penalty of twenty shillings to be paid as aforesaid none of us the said parties will now or astay time hereafter hire the Commons for Cows or Sheep belonging to the Cottagers of the said Parish, but that every Cottager shall stock his said Commons and if not able to stock them we the parties hereto aforesaid doe bind and oblige our selves our heirs, Executors & Administrators to pay to every such Cottagers so unable the sums of two shillings every year out of the payments of money arising from the abovesaid forfeiters, and if there be no money forfeited and paid sufficient to pay the Cottagers for their Commons, we the parties hereto doe agree to pay the said Cottagers out of money to be raised for that purpose out of the Parish or otherwise.

Lastly it is mutually covenanted and agreed by and between all the Parties to those presents that they and every of them under the forfeiture and payment of twenty shillings to be recovered as aforesaid shall now restore and lay to the Balks, Land Ends, Deans, Hathens and old Sward whatsoever in the said Parish Fields all the Ground they have plowed from them encroached from them and converted into Tillage, and doe the same in all three fields as soon as they fall in course of tillage: And we the Parties hereto whose names are underwritten do mutually covenant and agree to and with one another, for our Selves severally, but not for one another, that from henceforth, none of us will put into the Common or Common Fields any more Stock of Horses Cows or Sheep than we have Commons of our own for, in any time of the Year, nor in the time of Harvest will keep the Parish herd or Sheep unsure to standing or grains uncarried than the difference of a furlong, nor will keep any sort of Beasts, or Cattle or Hoggs on any Lands ungleanned, nor will keep any bye herds of cattle in any time of the Year in the Common Fields nor on the Common nor graze horses on any Lands, Deans, or Hathens or Lands ends or Balks att any unaccounted time for so doing to which we have no particular right, nor in the Winter or Spring Seasons will put in or support continue in (after notice thereof and admonition given) any horse Cow or Cows or Sheep whatsoever in any of the Common Fields in which there is any Graine or Corn growing. And we doe all severally agree that upon every trespass in any of the particulars above recited (after notice thereof ever given) we shall become liable, and will pay to all, or any one of the said parties hereto demanding the same the sums of twenty shillings to be applied to the uses abovesaid and upon refusal of the payment thereof, those of the parties to those presents (not offending) shall equally joyn together to enforce and compell the offender to pay the said Sums of twenty shillings by process att common Law or other Law, as most advisable, the forfeitures to be applied to such use or uses as abovesaid or to any other Parish use as need shall be. In Witness signs of we the parties to those presents doe interchangeably sett our hands and Seals this seventh day of May in the Year of our Lord One thousand seven hundred and forty.