Letter – Dudley Ryder to John Everest – 21 Aug 1751

Case



Tempore <Dno> Eliz. R’na.  Sir Thos. Hylton Seized of the Manor of Alston Moor in Cumberland in which there were a Great many Messuages and Tenements held as parcel of the said Manor In Customary Tenure or Tenant Right and were subject to the payment of certain annual Rents called Fineable Rents and Fines on Change of Lord by Death and on Change of Tenant by Death or Alienation; there were also some Freehold Houses and Parcels of Ground belonging to the Tenants only which paid small yearly Quit Rents, And both Freehold and Customary Tenants were (as supposed) Intituled to Common of Pasture for all Commonable Cattle Levant and Couchant on their respective Tenements and to Common of Turbary upon the Wastes of the manor which are very extensive as appurtenant to their Tenements.



1595	The Lord & Tenants (as is supposed) having come to an Agreement to extinguish the Customary Tenure the Tenants surrendered their Customary Interests and Sir Thos. Hylton then Lord granted each Tenant a lease of his Customary Estate for Twenty one years reserving only a yearly Rent;

      Soon after the Death of Sir Thomas Hylton, Henry his Son and heir entered into an Agreement with the Tenants to grant each Man a Lease of the Tenement he then possessed for 1000 years reserving a small Rent (supposed to be the Ancient Customary Rent) to be paid yearly and twenty times the Amount of that Rent every twenty one years as a running Fine or Grassom And in pursuance of such Agreement by Indentures dated the first of September 1611 Between said Henry Hylton on one part and the Tenant of the other Reciting the former Lease for Twenty one years granted by Sir Thomas Hylton which would determine in 1615 the said Henry Hylton for the Consideration therein mentioned Did Demise grant and to Farm Lett unto A.B. (the Tenant) All that Messuage and Tenement called N being of the yearly Rent of Nine Shillings situate etc and now in the Tenure and occupation of the said A.B. or his Assigns and all Houses Buildings, Meadows Feedings Grounds Inclosures Pastures Common of Pasture Turbary Ways Waters and all other Easements Profits and Commodities to the said Messuage of Tenement and all other the Premises belonging or in any wise appertaining or thereof accepted reputed or taken to be Part or Parcel or used and occupied as Part or Parcel thereof together with Houseboot and Hedgeboot to be taken at the Sight of the Officer there for the time being so often and all times when need shall require And as it hath been used and accustomed to be spent or used in or upon the said Messuage or Tenement and other the Premises To hold from the first of May which shall be in the Year of our Lord 1615 for one thousand years then next;

      The Freeholders of the Manor and also the Tenants interested under these Leases have ever since the Commencement thereof depastured their Cattle upon the Wastes of the Manor and dug Turfs there but the Wastes being very large far more than sufficient to support all the Cattle in Summer which the Product of the Freehold and Lease Grounds is able to subsist in Winter; [next 4 words underlined] It has been usual for all the Lords from Time to Time [next 13 words underlined] to permit the Tenants to inclose small Parcels of the Wastes lying near their Houses and to improve the same they paying the Lord small Annual Rents and generally Fines for the Parcels so improved which are called [next word underlined] Intacks as for their Ancient Tenements which has been a very great advantage to the Tenants as well as the Lords and contributes greatly to the General Improvement of the Country;

      This Manor by several Conveyances and Descents became vested in the late Earl of Derwentwater and by the Attainder of him and his Brother Charles Ratcliffe became vested in his Majesty and by the Statute of the twenty second of his present Majesty is vested in Trustees for the Benefit of the Royal Hospital at Greenwich.

      About 12 years ago the said A.B. then and yet possessed of the said Tenement by virtue of and under the Lease granted by the said Hylton by consent of the Stewards of the Manor inclosed a small Parcel of the Wastes for which he has ever since paid a small yearly Rent and in 1747 (the time when the Fine for his Tenement became due) he paid a twenty Penny Fine for his Ancient Tenement but never had any Grant of Conveyance of this Intack and several other Tenements are now exactly under the same Circumstances.

      In July 1751 one Rutter who is possessor of one of those Leasehold Estates and also seized of a Freehold House and Close within the Manor threw down the Hedges made about the pieces of Waste taken up by A.B. and threatens to throw down a great many more tho’ he himself has formerly consented to the inclosing which will make most sad Confusion and greatly prejudice the whole Country.



1st Q[uer]y	As the Wastes of the Manor are far more than sufficient for the Support of all Cattle which the Tenants can keep upon their improved Grounds and for their Turbary and the small Parcels which have been taken up and inclosed by the Tenants of no sort of prejudice to anybody  Whether the inclosing of them for the Improvement may not be justified and Damages recovered for what has been done already and a stop put to this man’s pulling down the Hedges for the future and if so what will be  the properest method for these purposes the Tenants having no Grants of the Intacks.



Opinion       If there is a Custom for making such Inclosures I think they may be justified otherwise not; For there is no right of Inclosure generally against Common of Turbary, tho’ there is against Common of Pasture, the proper Method of trial is by an action of Trespass in the name of the Tenant whose Inclosure is pulled down.



2d  Qy		Whether any Tenant whose Intack has stood above 20 years for which he has paid a small Rent (which may be called a Quit Rent and a Fine) may not, (in case his Hedge be pulled down) safely bring an Action of Trespass in his own name



Opinion       The 20 years Enjoyment is I think sufficient to entitle the Possessor to an Action of Trespass for pulling down the Inclosure



D. Ryder  21st Augt. 1751