Catalogue description Docketed "Copy of letter to Mr Honeyborne about Rudge Heath 23 December 1774"   Thomas...

This record is held by Shropshire Archives

Details of 330/25
Reference: 330/25
Description:

Docketed "Copy of letter to Mr Honeyborne about Rudge Heath 23 December 1774"

 

Thomas Mayman, Mrexham reviews the evidence about former cases ever the boundary of Rudge Heath and right of common there.

 

There has been controversy since 1623 when a bill was filed in the Court of the Marches of Wales at Ludlow by Thomason v. Sherrington Talbot, owner of Rudge, claiming right of common on Rudge Heath as appurtenance to his estate in Sutton and complaining that John Bets tenant of the Now Inn had inclosed 4 acres of the common and that the plts cattle were driven off. Talbot and Betts answered that tenants and freeholders of the manor of Rudge only had right of common, and tenants of Claverley manor had only common of vicenage and no right to turn sheep or cattle over the purle or brook that was the boundary of the 2 commons; Betts inclosed by leave of Talbot. Cane tried by special jury at Shrewsbury, verdict for Talbot. Betts' inclosure remains to this day at the back of the New Inn stables. No description of boundary

 

About the same time, a quo warranto brought against Talbot by inhabitants of Shipley, Ludstone, Hopston and Sutton for claiming a free warren and keeping rabbits on Rudge Heath. Tried at Shrewsbury, verdict for Talbot, but judgment arrested and a now trial granted upon an informality in the jury process not affecting the merit

 

Nichilas Jones of Audston on behalf of himself and the same inhabitants filed a bill in Chancery against Talbot to same effect as Thomasson's, 2 Commission for examination of witnesses executed at Claverley 15 March 1631 and 10 September 1632

 

Case not brought to conclusion

 

Michaelmas 1732, 5 actions on these rights and right to the water of Washtons Pool brought against the servants and tenants of Mrs Warter then owner of Rudge, and herself, by Thomas Whitmore and others - right of common of pasture claimed for land in Ludston on 300 acres on the S. side of Rudge Heath, the warren said to be overcharged with rabbits, and right of water controverted.

 

Trial at Shrewsbury 20 March 1734, water settled by rule of assize Mrs Warter to lease her interest in the water to Mr Whitmore for 1000 years at guines rent, reserving an inch bore of water for the New Inn one hour in a day. Lease made accordingly. Actions re common referred to Mrs Serjt Corbet and Mr Slaney who could not agree. Mrs Warter filed her bill in Chancery against the plts in those actions and others about 1733 to have their claims settled. Answer of Rowland Cotton one of the defts taken 29 July 1734 Suit not finished

 

Claim of inhabitants of Claverley to common on Rudge Heath. Commission issued 16 Sept 1615, returned with an inquisition annexed describing the boundaries minutely, with examination of witnesses. 20 March 16 James (1619) a grant of the manor of Claverley to William Whitmore of Apley esq describes the boundary as in Inquisition - by the fence of Shipley field by Goldhorde style to the rivulat at Washtone, formerly a pool called Washton' pool, following the stony by the way near the New Inn to Rudge Heath, following the stony street to Claverley procession cross or place where the cross formerly stood, then following the way by a place where a great crab tree formerly grew and by a place where another cross formerly stood near the rivulat to Broad Pool Cate, following the fence to Nerland stile.

 

Evidence by 34 witnesses in Jones v. Talbot that the Stony Street and not the purle was the reputed boundary that the perambulations of Claverley have gone.

 

Evidence on behalf of the lords of the manor of Rudge is :-

 

(1) A book of survey temp Henry VIII, not seen but produced in Jones v. Talbot

 

(2) Roll of court baron of manor of Rudge 5 Edward VI. 2 inhabitant of Ludstone amerced for staff driving into Rudge Hoath; and another roll of Clwbury leet court 14 Henry VIII amercing Jonen for same

 

(3) verdict obtained against Thomason

 

(4) verdict obtained over the warres

 

(5) deposition of witnesses in Jones v. Talbot not so many in number as those on the other side, unless more can be found Many perambulations made by minister and parishioners of Pattingham, taking the purle as the boundary. Right of commoning on Rudge Heath belonged only to freeholders and tenants within Rudge manor, several inclosures - title of the hempbutt within the disputed ground paid to the Minister of Pattingham, cutting down and lopping of trees within the same limits

 

(6) Sherrington Talbot's father died when he was only 4 years old and his mother marrying Sir Thomas Stapleton who lived at a great distance and after his death his daughter marrying Sir Clement Clarke, offered as reasons why those incroachments were made and the rights of the manor neglected

 

A strong case on both sides. Question as to exercise of rights under Mr Boycott. "These disputes will be great Hindrance to any scheme for an Inclosure as it will be very difficult to obtain any Act of Parliament before those rights are determined" Mrs Wilkes does not at present seem to clain any right beyond the Stony street and if they will be content with that part of the Common, will it not be most prudent to give it up?

 

They have an interest in the boundaries and so has Lord Pigot

 

If they or Lord Pigot can furnish more evidence, Hayman would be glad to have it. He will not write to Mr Wilkes until he is better informed.

Date: 1774
Held by: Shropshire Archives, not available at The National Archives
Language: English

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