THE ENCLOSURE DOCUMENT FOR
KIRKBY MALLORY
1771
EXTRACT TAKEN FROM NICHOLS, VOL. IV PART
II
In an act of parliament passed in the year. 1771,
for dividing and inclosing in the parish of Kirkby Malory, several
open fields and common pastures, containing 780 acres. Edward
lord viscount Wentworth is described as lord of the manor, and
patron of the rectory of Kirkby Malory aforesaid; and also as
owner or proprietor of all the land in the said open fields and
common pastures, except about 106 acres, 3 roods, and 25 perches,
which belong to the said rectory; and one piece of land in the
said fields, containing about 3 roods, in respect whereof there
is no right of common in the said fields and pastures; and owner
and proprietor of all the rights of common in and upon the said
fields and pastures, except what belongs to the said rectory;
and also as owner or proprietor of two closes in Kirkby Malory
aforesaid, called respectively Townsend's Little Croft, containing
3 roods and 35 perches; and Dewell's Croft, containing 3 roods
and 24 perches, and likewise of 15 closes in Kirkby Malory aforesaid,
called New Closes, containing, together 51 acres, 3 roods, and
4 perches, or thereabouts. And the Rev. Rowny Noel, D.D. as rector
of Kirkby Malory, entitled to the said land, containing about
106 acres, 3 roods, and 25 perches, and to right of common in
the said fields and pastures; and also to a cottage in Kirkby
Malory aforesaid, then in the tenure of Thomas Cooper, and to
the yard or back-side thereto belonging, containing, with the
ground whereon the cottage stands, about 2 roods; and to a close
in Kirkby Malory aforesaid, called Battling Croft, containing
about 10 acres, 3 roods, and 26 perches; to two closes called
New Closes, containing about 6 acres, 1 rood, and 35 perches;
and to a close there called Snow's Yard, containing about I acre;
and likewise to all the tithes of corn and grain yearly growing
within the said fields and pastures, and in all the said several
closes belonging to the said Edward lord viscount Wentworth, and
to a yearly modus of four pounds, or several yearly moduses amounting
together the sum of four pounds, in lieu of all other tithes of
the whole of the said fields and pastures, and of the said New
Closes belonging to the said Edward lord viscount Wentworth, and
also in lieu of the tithes of several gardens, orchards, and homesteads,
in Kirkby Malory aforesaid, then belonging to the said Edward
lord viscount Wentworth; and to all manner of tithes yearly growing
within the said closes belonging to the said rectory, called Battling
Croft, New Closes, and Snow's Yard. And
it is directed by this act, that all that parcel of land in the
said fields called Long Sitch (containing about 144 acres and
2 roods, and contiguous to a homestead belonging to the rectory),
and so much of The Nether Field, bounded towards the East by the
lordship of Peckleton, towards the South by the brook between
the lordships of Kirkbv Malory and Earl Shilton, and by the said
piece of land containing about 3 roods, towards the West by other
part of The Nether Field, and towards the North by the said place
called Long Sitch, as with Long Sitch will contain in the whole
183 acres, 2 roods, and 36 -perches, discharged of all right of
common thereupon in Edward lord viscount Wentworth, and all persons
claiming under him, and all lord Wentworth`s right of common upon
the said piece of land containing as aforesaid about 3 roods,
and also the said closes called respectively Townsend`s Little
Croft and Dewell`s Croft, shall forever from and after the 10th
day of October 1771, be vested in the said Rowney Noel and his
successors, rectors of the said rectory for the time being, in
full satisfaction for the said land then belonging to the said
rectory, containing about l06 acres, 3 roods, and 25 perches;
and also for all the right of common in the said fields and pastures
belonging to the said rectory, and for the said cottage and yard
or backside thereunto, belonging to the said closes then belonging
to the said rectory, called respectively Battling Croft and New
Closes, and so much of the said close called Snow's Yard as lies
Northward of the said pond or piece of water therein; and for
the tithes of all kinds of the same closes, and of the said cottage
and yard or backside; and also for all the tithes of corn and
grain yearly growing, renewing, and increasing, upon the land
in the said fields and pastures herein after vested in the said
Edward lord viscount Wentworth, and upon all the said several
closes belonging to the said Edward lord viscount Wentworth, called
New Closes; and also for the whole or such part or parts of the
said modus or moduses as is or shall be considered as due or payable
for, or on account of, all or any of the same New Closes, or any
part thereof, or of the whole or any part of the land in the said
fields and pastures herein after vested in the said Edward lord
viscount Wentworth, or on account of all or any of the said gardens,
orchards, and homesteads, belonging to him the said Edward lord
viscount Wentworth; and also for all the tithes covered or compensated
for by the whole or such part or parts as aforesaid of the said
modus or moduses, or in respect whereof the same are payable;
and the said 183 acres, 2 roods, and 36 perches of land, are from
thenceforth for ever to be accepted and taken as such by the said
Rowney Noel and the rectors of the said rectory for the time being. And
that all the residue of the land in the said fields and pastures
(except the said piece of land containing about 3 roods) absolutely
discharged of all right of common thereupon, or upon any part
or parts thereof, belonging to the said rectory, or to be claimed
by the rector thereof for the time being, and also absolutely
discharged of all tithes in kind and moduses and other payments
lieu of tithes issuing, payable or belonging to the said rectory,
for the same or any part or parts thereof, or to be claimed by
the rector for time being of the said rectory, and also the said
cottage and yard or backside, thereunto belonging, and the said
closes then belonging to the said rectory, called respectively
Battling Croft and New Closes, and so much of the said close called
Snow's Yard as 1ies Northward of the pond or piece of water therein,
also absolutely discharged of all kinds of tithes and moduses,
and other payments in lieu of tithes issuing or payable out of
or for the said cottage and yard or backside and the said closes,
or out of or for any part or parts thereof, to the said rector
of the said rectory for the time being, shall, in lieu of and
full satisfaction and compensation for all the land and right
of common in the said fields and pastures then belonging to the
said Edward lord viscount Wentworth, and for the said several
closes, called respectively Townsend's Little Croft and Dewell's
Croft, for ever, from and after the said 10th day of October 1771,
be vested in the said Edward lord viscount Wentworth, and his
heirs, for the same uses and trusts, and subject to tile same
settlements, limitations, powers, charges, and encumbrances, and
no other, as the said crofts, called respectively Townsend's Little
Croft and Dewell's Croft, and the land and right of common in
the said fields and pastures then belonging to him, as then stood
subject and limited to, and in case this act had not been made,
and shall from thenceforth be accepted and taken as such accordingly;
and that, from and after the said 10th day of October 1771, all
tithes and moduses, and other payments in lieu of tithes, issuing
or payable to the rector of the said rectory, on account of the
said gardens, Orchards, and homesteads, belonging to the said
Edward lord viscount Wentworth shall cease, and be for ever extinguished.
The lands vested in the rector to be subject
to the same payments as the hereditaments and premisses in lieu
of which they are vested were subject to pay.
Notes There would almost certainly have been a map to accompany
the above document, being produced at the time of implication,
but I have no evidence that one has survived ?
The "pond and piece of water" referred
to above has two possible locations, to the North of the village
in the fields known as Water Furrows and Calves Craft respectively,
these two ponds still exist. The second possible location, now
dried up, is off the Barwell Road in the small field in front
of the old rectory an early map shows water standing here.
"The cottage in the tenure of
Thomas Cooper", could this be Rose Cottage in Stapleton Lane?
it is adjacent to the field known as Battling Croft and referred
to in the same text.