Page:History of Norfolk 1.djvu/118

 former, called the Coppice Close, lying in Lopham, both of them lying between Lopham Park, south, and Fersfield Common, north, and abutting east on Fersfield Common, and west on Dog-Pond; the other is called Rushie Pightle, lying in Fersfield, on the other side of the common, on which it abuts north and west, and on the town land of Fersfield, south; all which was begun to be laid out accordingly. But it happened at this very time, that the Duke was attainted, and the manor seized into the King's hands, upon which the workmen were stopped levelling the banks; upon this the inhabitants laid the case before the Commissioners for the survey of the manor when it was seized, as appears upon the survey, who took the lands that were to be laid out, to the King's use, together with the enclosed 44 acres, and permitted the inhabitants to enjoy their ancient 110 acres of common, which had been enclosed, and which they had seized again, in lieu thereof, with which all parties were satisfied; and thus it continued till James I. when Thomas Earl of Arundel and Surrey, desirous to perfect the park, and to make the demeans of his manor of Fersfield as complete as they were before this common was seized by the inhabitants, came to agreement with them in the following manner: That he and his successors should for ever enjoy the 44 acres of land enclosed into his park of Kenninghall, for which he should pay all manner of dues, whatsoever, to the parish of Fersfield, and should have the same freebord, for the use and increase of his game, upon the common of Fersfield, without the pales of the said land newly enclosed, as he had upon the commons round his park, and in that part, before it was enclosed, in lieu of which, the said Earl agrees, that the inhabitants shall have, to them and their heirs for ever, all the closes afore-mentioned, called Rushie Pightle, Coppice Close, and Dow's Close, as common for ever; and that the inhabitants shall not pay or be molested in any thing, for that part in Lopham, but that the lord of the manor of Lopham, for ever, shall answer all things relating thereto, as the lord of the manor of Fersfield shall do, for that part in Fersfield And whereas the inhabitants held a piece of ground containing 6 acres, called Monford's Close, which was formerly enclosed into Kenninghall park, with another small piece of one rood, held of Brisingham manor by the rent of 2d. a year, the lord confirms the change that had been made, by assigning other lands in lieu thereof, called the Bottoms, to the said inhabitants, together with all, and all manner of benefits, privileges, customs, constitutions, and by-laws whatsoever, to the said tenants and inhabitants, or any of their lands, tenements, and hereditaments in Fersfield aforesaid, in any wise appertaining or belonging; upon which, the said tenants and inhabitants yielded up to the said Earl, all their right in the said common, which they had seized, for themselves and their heirs for ever, on condition that the said Earl should tie that part of the Southfield called the Great Ground, lying on the south side of the church of Fersfield aforesaid, to be always unploughed, and to be seized and entered upon, at any time by the said inhabitants, for want of performance of any thing in the indentures contained, "that they may remaine, contynue, and be for ever hereafter, perpetuall, stable, and firme to posterity, for ever to endure."

These Indentures bare date the 20th of Nov. the 8th of James I. 1610, and were made between the Right Noble and Honourable Thomas Earl of Arundel and Surrey, Thomas Earl of Suffolk, Lord Chamberlain