Court of the Manor of Deopham Hall April 1869

Comments

Although not the first to take advantage of the option to buy-out his Copyhold obligations, Robert Wade’s case is interesting because he owned a field that was part freehold (piece 86 – see map below), part Copyhold of Deopham Manor of the Dean and Chapter of Canterbury (piece no 87) and part Copyhold of the Manor of Deopham Hall (piece no 88).
The Deed of Enfranchisement for the piece (no 87) which was copyhold of Deopham Manor of the Dean and Chapter of Canterbury was formalised on July 23^rd 1870.

Heading

Title	The Manor of Deopham Hall Proceedings taken
Date	April 17^th 1869
Steward	John Odin Howard Taylor, Gentleman, Deputy Steward of George Forrester Esquire, Chief Steward
Location	At the office of the Deputy Steward in Norwich
Page numbers in Court Roll	150-158

Homage

Not a formal court.

Property

Person surrendering property	Proclamations	Date of the Copyhold	Beneficiary	Attorney	Identification of property	Rent	Fine
		May 25^th1867	April 17^th 1869: Robert Wade of Deopham, Farmer, agreed a Deed of Enfranchisement¹		Piece no 88 on the Deopham Inclosures Commission Map of 1814 containing 2 acres, 1 rood & 35 perches:

Location on the 1814 Inclosures Map

Piece no 88

Deed of Enfranchisement

The text highlighted in yellow represents the key items for Robert Wade’s release from Copyhold obligations.
The text highlighted in green is of interest to the history of the Manor of Deopham Hall indicating that this Manor was passed to Lord Henley as part of a marriage settlement.
This transcription has been made from the copy of the Deed entered into the Court Roll.

This Indenture made the seventeenth day of April in the year of our Lord one thousand eight hundred and sixty nine
Between The Right Honorable Anthony Henley Lord Henley Baron Henley of Chadstock in the Peerage of Ireland of the first part;
The Right Honorable John Earl of Kimberley Baron Wodehouse of Kimberley in the Peerage of the United Kingdom of the second part; and
Robert Wade of Deopham in the County of Norfolk, Farmer, of the other part;
Whereas by an Indenture dated the fourteenth day of August one thousand eight hundred and forty seven made between:-
– The said John Earl of Kimberley then John Lord Wodehouse of the first part;
– Florence Fitz Gibbon, Spinster, of the second part;
– The said Anthony Henley Lord Henley and the Right Honorable John, Earl of Clare, (since deceased) of the third part;
– The Honorable David Graham Drummond, commonly called Lord Ogilvy, and The Reverend Henry Hely Hutchinson, Clerk, of the fourth part; and
– The Right Honorable Andrew Rutherford, Lord Advocate of Scotland, of the fifth part (being the Settlement made in contemplation of the marriage then intended and which was shortly afterwards duly solemnized between the said John Earl of Kimberley and Florence Fitz Gibbon)
the Manor of Deopham Hall in the County of Norfolk (amongst other Manors and hereditaments) were duly appointed and conveyed unto the said Anthony Henley Lord Henley and John Earl of Clare and their heirs
– To the uses therein expressed until the solemnization of the said intended marriage and after the solemnization thereof;
– To the use of the said John Earl of Kimberley and his assigns during his life without impeachment of waste with divers remainders over as therein expressed;
And the said Anthony Henley Lord Henley and John Earl of Clare and the survivor of them were and was thereby required at any time or times thereafter at the request and by the direction of the said John Earl of Kimberley during his life to be testified by some Deed or Writing to be sealed and delivered by him in the presence of, and to be attested by, two credible Witnesses to Enfranchise any Copyhold or Customary messuages, lands, tenements or hereditaments holden of the said Manor for such sum or sums of money and on such terms and conditions as to the said Anthony Henley Lord Henley and John Earl of Clare, or the survivor of them, should seem reasonable.
And it was declared that for effectuating such enfranchisement it should be lawful for the said Anthony Henley Lord Henley and John Earl of Clare and the survivor of them at such request and by such direction as aforesaid by any Deed or Deeds, Instrument or Instruments in writing sealed and delivered by them or him in the presence of and to be attested by two or more credible witnesses absolutely to revoke, determine and make void all and every or any of the uses, trusts, powers, provisoes, agreements and declarations therinbefore limited, expressed and contained of and concerning the Freehold and Inheritance of the copyhold or customary hereditaments which should be so proposed to be enfranchised as aforesaid and by the same or any other deed or deeds, Instrument or Instruments in writing to limit, declare, direct or appoint any use or uses, trust or trusts, estate or estates of the said hereditaments and premises the use of which should be so revoked which should be thought necessary or expedient to limit, declare, direct or appoint in order to effectuate such Enfranchisement as aforesaid and that upon payment of any money upon any such Enfranchisement as aforesaid it should be lawful for the said Anthony Henley Lord Henley and John Earl of Clare and the survivor of them to sign and give receipts for the money to be received by them or him on any such Enfranchisement as aforesaid which should be sufficient discharges for such moneys
And whereas the said John Earl of Clare died on the eighteenth day of August one thousand eight hundred and fifty one leaving the said Anthony Henley Lord Henley surviving him;
And whereas on the twenty fifth day of May one thousand eight hundred and sixty seven out of Court before the Deputy Steward of the Manor of Deopham Hall pursuant to the Copyhold Acts the said Robert Wade was admitted tenant under and by virtue of an Indenture of Bargain and Sale from the Executor and Trustee for Sale of John Duffield Wade deceased to the hereditaments hereinafter described and hereby enfranchised, To hold the same to him the said Robert Wade and his heirs of the Lord of the said Manor at his Will and according to the custom of the said Manor.
And whereas the said Anthony Henley Lord Henley at the request and by the direction of the said John Earl of Kimberley testified by this Deed sealed and delivered by him in the presence of and attested by the two credible persons whose names are herein endorsed as witnesses to the sealing and delivery hereof by him hath agreed with the said Robert Wade for the Enfranchisement of the said land and hereditaments hereinbefore and hereinafter described at the sum of Twenty three pounds seven shillings and seven pence.
Now this Indenture Witnesseth that in consideration of the said sum of Twenty three pounds seven shillings and seven pence sterling to the said Anthony Henley Lord Henley paid by the said Robert Wade on the execution hereof the receipt whereof the said Anthony Henley Lord Henley doth hereby acknowledge and therefrom doth acquit and discharge the said Robert Wade, his heirs, executors and administrators
Doth by this present Deed sealed and delivered by him in the presence of and attested by the two credible persons whose names are hereon endorsed as Witnesses to the sealing and delivery hereof by him absolutely revoke, determine and make void All and every the uses, trusts, powers, provisions, agreements and declarations in and by the said recited Indenture of Settlement limited, expressed and contained of and concerning the freehold and inheritance of the copyhold or customary hereditaments hereinbefore and hereinafter described and other the premises to which the said Robert Wade was admitted tenant as aforesaid with their appurtenances and of and concerning the said Manor of Deopham Hall so far only as the same hereditaments and premises and the freehold and inheritance thereof are and is affected thereby and no further or otherwise;

And this Indenture further witnesseth that for the considerations aforesaid He the said Anthony Henley Lord Henley at the request and by the direction of the said John Earl of Kimberley testified as aforesaid testified as aforesaid
Doth by this deed limit, declare, direct and appoint that all the said land and hereditaments hereinbefore and hereinafter described and other the premises to which the said Robert Wade was admitted as aforesaid with their rights, members and appurtenances And the freehold reversion and inheritance yearly and other rents, issues and profits thereof Shall henceforth go, remain, continue and be To the use and for the intent and purposes and in manner hereinafter expressed;
And this Indenture further witnesseth that for the considerations aforesaid He the said Anthony Henley Lord Henley (at the request and by the direction of the said John Earl of Kimberley testified aforesaid) Doth by this Deed grant, bargain, sell, alien, release, enfranchise and confirm unto the said Earl of Kimberley, so far as he is interested or entitled, doth by this Deed grant, enfranchise and confirm unto the said Robert Wade, his heirs and assigns:
All that piece of land lying in Deopham aforesaid being the fourth allotment of the Award of the Commissioners acting under the Deopham Inclosure Act allotted to Joseph Say marked on the Map annexed to the said Award number 88 containing two acres one rood and thirty five perches or thereabouts bounded by other lands allotted to the said Joseph Say and then or late belonging to the said John Duffield Wade in part North, in part West, and on the remaining part of the North, by the Parish of Morley East, by land allotted to John Browne and George Denny Graver respectively South and by the fourth Private Road in the said Award on the remaining private road in the said Award on the remaining part of the West,
Together with all ways, watercourses, timber and other trees, mines, minerals, limestone, lime, marl, clay brick earth, gravel, sand and other stone rights and privileges of common and commonage and all other rights and appurtenances including all the rights and easements mentioned or referred to in Section 48 of the Copyhold Act 1852 to the said land and hereditaments hereby enfranchised or intended so to be belonging or appertaining;
And the reversion and reversions, remainder and remainders, issues and profits thereof;
And all the seigniory² right, title, estate, interest, use, trust, claim and demand both at law and in equity of the said Anthony Henley Lord Henley and John Earl of Kimberley and each of them in to out of upon or in respect of the said land and hereditaments or any part thereof.
To have and to hold all and singular the land and hereditaments hereby enfranchised with their appurtenances unto and To the Use of the said Robert Wade, his heirs and assigns for ever freed for ever hereafter from all fines, heriots, rents, reliefs, fealty, suit of Court, amerciaments, forfeitures and other customary payments, duties and services whatsoever which according to the custom of the said Manor of Deopham Hall the said land and hereditaments or any part thereof are or is or have or hath been subject or liable to or charged with or which would otherwise be payable or be due or to be performed to the Lord or Lords for, or in respect of, the said hereditaments as Copyhold;
And for the considerations aforesaid the said John Earl of Kimberley doth hereby for himself, his heirs, executors and administrators covenant with the said Robert Wade, his heirs and assigns That he the covenantor, his heirs or assigns or his or their trustee or trustees unless prevented by inevitable accident shall and will at all times hereafter upon every reasonable request and at the costs of the said Robert Wade, his heirs and assigns produce in England unto the said Robert Wade his heirs or assigns or to his or their Attorney or Agent or before any Court of Law or Equity or as occasion shall require the hereinbefore recited Indenture of Settlement for the support of the Title of the said Robert Wade, his heirs or assigns to the said land and hereditaments hereby enfranchised or any part thereof;
And will at the like request and costs furnish true and attested copies or abstracts of, or extracts from, the said Indenture and permit the same to be examined with the Original by the said Robert Wade, his heirs or assigns or any other person or persons appointed by him or them;
And the said Anthony Henley Lord Henley doth hereby for himself, his heirs, executors and administrators covenant with the said Robert Wade, his heirs and assigns that he the Covenantor hath not done and act to incumber the said land and hereditaments hereby enfranchised or intended so to be or the said Manor or Lordship in any manner howsoever.
In witness where of the said parties to these presents have hereunto set their hands and seals the day and year first above written:
Henley
Kimberley

Footnotes

The Deed of Enfranchisement relieved the owner (Robert Wade in this case) from copyhold obligations to the Lord of the Manor (Anthony Henley, Lord Henley in this case). The copyhold owner paid a consideration for the transaction (£23 7s 7d here), as detailed in the indenture above. The Copyhold Act of 1852 allowed tenants to demand enfranchisement. ↩︎
Seigniory – the power or authority of a feudal lord. ↩︎

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Manor of Deopham Hall

Date	Change
18/5/24	Published (refs IMG_20240516_103719 + IMG_20240605_161200)