186 



did acknowledge they should be greatly eased, and their estates preserved and 

 much bettered," and in the same year " the Earl in full mauifestatiou of his 

 full purpose to proceed in the said agreement and to give the owners and inhabi- 

 tants of the said towns and [ilaces a clear manifestation of his real performance 

 thereof, did with all convenient speed destroy all the deer within the said 

 Forests, and did also survey, plot, and measure all the said Forests, and did 

 also cut down much timber and provide all other necessaries for the di\'ision 

 thereof, and did spend large sums of money in dividing, ditching and quick- 

 setting the said forests. 



After this a dispute arose with Sii- Robert Harley and the Earl of Lindsey, 

 which was tried, and the Earl confirmed in his rights by a decree of the Court 

 of Exchequer, November 15th, 1638. 



(Copy). 

 Hereford. 1 ^Vliereas the Eight Honourable the Earle of Lindsey hath 

 Salop. ) exhibited this English Bill in this Court against Sir Eobert 

 Harley, Knight, Somerset Fox, Esq., WiUiam Littleton, Esq., and divers other 

 defendants, for and concerning the enclosure and improvements of the Forests 

 of Mocktree, Brindgwood, Prestwood, and Darvold, in the county of Hereford 

 and Salop, whereof the Earle is the fee fanner to his Majesty, at the yearly rent 

 of £33 12s. Od., the Courte was this day informed by Mr. Attumey Generell, on 

 behalf ef the said Earle, that the said Earle had caused the s.aid premises 

 .to be disafforested, and did destroy the deer to the great benefit of the commons, 

 and then the defendants, and all others that claymed any interest of commons 

 in the Forests of Mocktree, and Brindgwood alias Prestwood, have by a mutuall 

 agreement between themselves given their consent to an enclosure and imiwove- 

 ments, and have accepted of allotments in lieu of their commons, which are 

 agreed accordingly, and that they by their answer do confesse the . . . 

 to be true, and that there is a decree drawn up by advise of council and 

 agreement of all parties on both sides, and therefore his Majesty's said Atturney 

 prayed that the said agreement and consent might be decreed accordingly. 



It is therefore this day ordered that the said agreement and consent shall 

 be decreed if the defendants showe no cause to the contrary. 



And for that it was further informed by his Majesty's said Attumey- 

 Generell that all such as claim common on Darvold have likewise — by a mutual 

 agreement betweene the said Earle and them — consented to the division and 

 improvement, and have accepted of an allotment in lieu of their common, and 

 foi that the said Earle hath left the commons — oak trees and about — acres of 

 coppice wood in lieu of their — estovers, only these excepted, viz., AYilliam 

 Tyler, James Tyler, and Francis Mill, that refractorily stand out. AMierefore 

 his Majesty's said Atturney-GenereU desired that the obstinacy of these might 

 not hinder his Majesty's services .and thepublique good ; but th.at the like decree 

 for Darvold as for the rest might be made, by far greate and maine parte being 

 many hundreds against three, and that the other three might be bound by their 

 consent, and ordered to conform themselves accordingly. 



