| Description | Statement of a case between Sir John Knatchbull and the rest of the customary tenants of the manor of Mersham relating to the common called 'Mersham Heath' or 'Hatch Heath'.
About 30 years ago Sir Norton Knatchbull wished to enclose 8 acres of the common near his house and make them part of his park. In exchange he laid out 8 acres at the lower side of his park called 'Conyfield' as an addition to the common. The tenants agreed to this on condition that he moved his warren at the side of the common, which he did, and that they should be allowed to fetch water from a spring pond in the 8 acres he had enclosed. The agreement was recorded in the court rolls of the manor.
About 7 or 8 years ago, Sir Norton wished to make his park more uniform and sent his steward, Mr Hall, to ask the tenants whether he could enclose the 8 acres called 'Conyfield' which he had formerly added to the common and offering to pay the customary dues which the tenants paid to the manor of Mersham. The tenants agreed and signed a document giving Sir Norton permission to carry out the enclosure. One tenant, Robert Lot, refused to sign and Sir Norton gave him £10 to obtain his agreement; Robert was to pay his own customary dues. However, neither Sir Norton nor Sir John has paid the customary dues or given the tenants security to discharge them, although they were requested to do so.
About 3 years ago Sir John enclosed another 3 roods of the common near his house without the tenants' agreement.
The 8 acres [of 'Conyfield'] is worth 3 times the yearly value of the customary dues the Knatchbulls agreed to pay. The tenants ask Sir John to give them security for paying the customary dues and to return the land he has taken to their use .
No date. [Date: Sir Norton Knatchbull died in 1685; Sir John Knatchbull died in 1696.]
Endorsed 'This paper concernes the Tennants of Mersham and was brought in by Mr Boys' in late 17th cent hands. |