Page:History of Norfolk 1.djvu/383

 of the year. In King James the First's time, viz. 1618, there was a long suit between the townsmen of Banham, and the townsmen of Tibenham, concerning the right of commonage upon this heath, the substance of which was this; the townsmen of Tibenham claimed an original right of commonage on the 300 acres called Banham Outwood in Banham, in right of their copyhold lands and tenements, held of the manor of Tibenham, and common of vicinage on Banham Green, there being no fences or ditches between Banham Outwood and Banham Green; but upon the trial, the townsmen of Tibenham were cast, and paid 30l. damages and costs, it being found by the jury that the lord of Tibenham manor, and his tenants, had no original right on Banham Outwood, nor no common of vicinage on Banham Green; and whereas there were divers tenants of the manor of Tibenham, that claimed right of commonage for set numbers of sheep, going on this heath, by the giants of divers of the former lords of the manor of Banham, all which commonages were held by copy of court-roll of the manor of Banham in fee, by a fine of 10s. paid at every death, and two hens a year for the pasturage of every six score sheep thereon, John Clark of Banham (in behalf of the parish of Banham) brought his action against Mathew Buxton of Tibenham, for feeding 60 sheep and one ram on the heath, according to the grant of the lord of the manor of Banham, made to the owner of his tenement, called Easthangles in Tibenham, and recovered damages and costs, it being found by the jury, that such customary pasturage and commonage was not to be demised, neither was it to be demisible by copy of court-roll, by the lord of the manor of Banham, to any customary tenant whatever: upon which all the commonages.of this nature were set aside. An exemplification of the whole under seal, dated Febr. 13, 1625, now lies in Banham Town Chest.

In 1611, there were three separate juries, one for each manor, and the leet belonged to the manor, the leet fee being 3s. 4d.

This town paid 4l. for a whole tenth, and is now assessed at 1439l. 5s. to the land-tax. In 1603, it had 400 communicants, and now [1736] there are 126 dwelling-houses, and 650 inhabitants. It is a pretty village, standing round a small green, the church being on its west side.

This rectory is in Norfolk archdeaconry and Rockland deanery; it hath a good parsonage-house joining to the west side of the churchyard, and 37 acres 2 roods of glebe.