THE BCH ARCHIVE
LOCAL HISTORY FOR
BIRTSMORTON
CASTLEMORTON
HOLLYBUSH
And The Surrounding District
Archive of Reports and Anecdotes
Reports Page 7
Appendix 4 Dee
23/11/1901
Alleged Damage to Common Rights. Meeting of freeholders and commoners was held Saturday to consider what steps should be taken to protect the herbage on common lands from damage caused by persons from Malvern using the said common lands a training ground for racehorses. Among those present were: Mr. S. Weaver (who presided), Rev. E. C. D. Fox, Messrs. H. Ball, W. Whittle, J. Weaver, F. Lane (members of the Parish Council), J. Haryes, J. M. Lunnon, E. Walters, F. Bache, J. Weaver, jun., W. Drinkwater J. Drinkwater, J. Bunn, C. Jeynes, F. Jeynes, C. Dee, W. Watson, W„ Birchley, C. Rogers, F. Birchley, F. Reynolds, and about twenty others. The Chairman said the meeting was convened to take steps to protect their common rights. He reminded them that at a former meeting, held for a similar object, the Vicar of the parish was desired to convey to Messrs. Gilbert and Wood, of Malvern Wells, the wish of those present that they would discontinue training horses on the common lands of the parish, also pointing out to them the damage caused thereby. He (the Chairman) then called upon the Vicar to read the letter received in reply. The view held the writer of the letter referred to was that the common land was public property, the public having a right if they chose even to train racehorses thereon; that little damage was done and for such damage he was willing to pay 10s. per annum, and repair all damage from time to time. Those present strongly objected to such views, holding that the training of a number of horses daily not only destroyed a considerable amount of herbage, but disturbed the stock depastured thereon, and caused such stock to stray on the highway. Mention also made of the high rents of small holdings consequence of the common rights. After further discussion it was resolved unanimously to elect a committee authorising them to collect funds and take such steps are necessary to safeguard the common rights of the parishioners in the future.
Appendix 5
30/7/1835
Doe of the demise the Dean and Chapter of Westminster, v. Berrington, Esq. (Special Jury.) Mr. Sergeant Talfourd, in opening this case on behalf of the Lessees of the Plaintiff, said it was an action of ejectment brought by the ecclesiastical body he represented, to recover three pieces of land in the possession of the defendant, and which they claimed as encroachments upon the waste of the Manor of Castlemorton, of which they were Lords. There would probably be no dispute as to the fact of their having been originally enclosed from the waste, but the defendant claimed to be entitled to them as Lord of the Manor of Little Malvern, and the next question therefore would as to their local situation - whether with reference to the ancient boundary they were situate within the Manor of Castlemorton or the Manor of Little Malvern. He was prepared with very strong evidence in support of the plaintiffs' claim. It appeared that the Dean and Chapter had been Lords of the Manor of Castlemorton ever since the reign of Edward 6th, but the earliest document should produce was a survey of Malvern Chace in the reign Elizabeth, in which the boundaries of the Manor of Castlemorton were stated, and it would appear that the line there described included the pieces land in question. He should also be able to show by some very old witnesses that they had been acquainted for many years with all the metes and bounds described in that survey, and they would be able to trace the whole line although some alterations had been made at different places. He should also show perambulations the manor which included two pieces of land, and that the occupiers of land in that place had paid tythe and had not only been rated but paid rates to the parish of Castlemorton. On the other hand, understood his friend on the other side would show hostile perambulations on the part of the parish of Little Malvern; but he had no doubt that he should be able to satisfy the jury that the Dean and Chapter had made out their claim. With respect to two of the pieces they had been enclosed upwards of 50 years by a person named Dee, under whom the defendant claimed, but that was no ground of title against an ecclesiastical corporation, and with respect to the third piece that had been enclosed by Mr. Berrington himself only three years, so that in truth the only question would be, whether they would be included within the Manor of Castlemorton. After the first witness was called, the learned Judge suggested that the only question in dispute was the exact line of boundary, which could not be determined in the present action, whatever the decision might be (an ejectment deciding nothing) it would be much more tor the interests of both parties to agree to refer that question to some gentleman at the bar, who would examine the spot and set out such boundary line, by metes and bounds, shall prevent any disputes arising upon the subject in future. After some discussion it was agreed to refer the question of boundary to Mr. Alexander, each party paying their own costs of the action, and the costs the reference to be divided.
Note
The Berringtons owned Little Malvern Court and much land in the area. The two fields Dee enclosed prior to 1785 cannot be identified from this report. Dee could be John Dee (junior.)
Appendix 6
24/5/1827
To be sold by auction by Robert Jones, at the Duke of York Inn, in the parish of Berrow, in the county of Worcester, on Monday on the 28th day of May, 1827, between the hours four and five o'clock In the afternoon, by order of The Trustees for Sale of the late John Dee, deceased, subject to such conditions will be then produced - the following Valuable & highly Desirable Freehold and Copyhold Estates, situate in the Parish of Castlemorton, called and Biddles and The Bannutt Tree, now in the several occupations of James Moore and George Weston, yearly Tenants, in the following Lots: Lot 1 - All that messuage or tenement, with the garden, barn, stable, cider-mill House, and all other necessary outbuildings, called Biddles; together with several Pieces or Parcels of exceedingly rich und productive arable, meadow, pasture Laud, and orcharding, thereunto belonging; adjoining the turnpike-road leading from to Worcester ; containing, by estimation, 36 Acres, or thereabouts, ten acres only of which are copyhold for Lives under the Manor of Longdon, in the county Worcester, the remainder Freehold. Lot 2 – all that convenient and substantial messuage or tenement, called The Bannutt Tree, together with the garden, barn, stable, cider-Mill house, and all other necessary Outbuildings: together with 16 Acres, or thereabouts, of Arable, Meadow, Pasture Land and orcharding, thereunto adjoining and belonging, nearly adjoining Lot 1. The whole of Lot 2 freehold. The above Premises are situate in the parish of Castlemorton, in the county, and about twelve miles distant from the City of Worcester, 6 miles from Ledbury and Tewkesbury, and nearly adjoining the new Turnpike Road leading from Ledbury to Tewkesbury, along which the Mail Coach to and from London Hereford runs daily. The premises are entitled to unlimited Right of Common Malvern Chase and Longdon Meadow containing 3000 acres, and the Purchasers may be accommodated with of 2/3 of the purchase money upon mortgage, if required. For a view, apply to the respective Tenants; and for further particulars, to Mr. J. A. Higgins, Solicitor; or the Auctioneer, Ledbury.
Appendix 7
21/4/1838
Eligible investment, very desirably situated within a mile of Malvern Wells, Worcestershire, be sold by auction by Joseph Bird, under the Deed of Conveyance and Assignment referred to in the under-mentioned notice, on Wednesday, the 2nd of May, 1838, at the Admiral Benbow Inn, in the parish of Malvern, in the said county of Worcester; - all that newly-erected and commodious brick-built residence, with an excellent walled garden, together with a barn, mill-house, stable, drink-house, and 11 Acres of rich and fertile pasture, arable Land, and orcharding, surrounding the same, now in the possession of Mr. Dee, the late proprietor thereof. The Estate commands very extensive views, and is entitled to an unlimited right common over Malvern Chase. Applications view the same may be made upon the premises and further particulars known by applying to Mr. William Reece, Solicitor, Ledbury, Herefordshire. Notice is hereby given, that Indentures of Conveyance and Assignment, bearing date 4th and 5th days days of April, 1838, William Dee, of The Hill, in the parish Castlemorton, in the county of Worcester, Farmer, hath duly conveyed and assigned all his real and personal Estate and Effects a Trustee, upon Trust for the benefit of all the Creditors him, the said William Dee; and notice is hereby given, that the said Indentures were duly executed in the presence of, and are now lying at the offices of Mr. William Reece, Solicitor, Ledbury, for execution by the creditors the said William Dee; and such of his creditors as shall refuse or neglect to execute the same, assent thereto in writing, within three calendar months from the date thereof, will excluded all benefit arising therefrom.