Case with opinion of G. Hill, as to cottages and incroachments on waste land subject...

Case with opinion of G. Hill, as to cottages and incroachments on waste land subject to an agreement of 1 October 1625 between Walter Acton Esq., lord of the soil of commons in the parish of Morfield or Morvill and the manor of Acton Round or Round Acton; John Weld Esq, lord of the soil of commons called Willey Held and Priors Wood in Shirlett in the parish of Much Wenlock; Francis Billingsley the elder Esq and Francis Billingsley the younger Esq, lords of the soil of commons in the parish of Astley Abbotts; Sir Edward Bromley knight, Sir William Whitmore knight, Humphry Briggs Esq., Thomas Hord Esq., Thomas Lawley Esq., John Slaney Esq, and other freeholders, copyholders and owners of lands within these parishes, for the inclosure of 910 acres (a third part of the commons less 11 acres allowed for highways), viz 350 acres by Sir Walter Acton, 410 acres by John Weld, and 150 acres by the others; the remainder of the wastes or 1852 acres to be divided and inclosed severally for each township, viz 400 acres for the freeholders and copyholders of Acton Round, Muckley and Muchall, 100 acres for Barrow, 100 acres for Walton, 100 acres for Atterley 102 acres for Francis Luker of the Marsh gentleman; 300 acres for Willey, the Bold, and Dean; 250 acres for Haughton Croft and Kingslow in the parishes of Astley and Morvill; 500 acres to the remaining freeholders and copyholders of Astley; in which allotments the lords should cease to be commoners in respect of their demesnes and should not inclose them for cottages, but the freeholders should have the benefit of any such cottages, reserving the lords' rights to mines and quarries.

An Act for inclosing wastes in Acton Round, Morvill, Barrow, Much Wenlock, and Astley Abbots, for dealing with parts of the freeholders' allotments left uninclosed, was passed 13 George III (1772-3), in accordance with which act the commissioners allotted messuages and lands to George Forester Esq at Willey, the Bold, and the Dean, with right of common belonging to them

The Manor of the Marsh includes the parishes of Barrow and Willey and the wastes allotted to the freeholders. Since the agreement 82 cottages have been erected on the waste and from 1-7 acres inclosed with each cottage, the incroachments being presented and fined at courts leet and baron held by Mr. Forester as lord of the manor, but only as continuance of cottages on the waste and without mentioning names. The Counsel therefore thinks that his title to the cottages has lapsed, no effective claim having been made to them.