Court of the Manor of Deopham Hall November 1862

Contents

Heading

Title	The Manor of Deopham Hall: Proceedings had and taken
Date	November 5^th 1862
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	85 – 94

Property

Person surrendering property	Proclamations	Date of the Copyhold	Beneficiary	Attorney	Identification of property	Rent	Fine
			James Clarke – Enfranchisement		Piece no 146a on the 1814 Inclosures Map containing fifteen acres, one rood and eleven perches.

Location on the 1814 Deopham Inclosures Map

Piece no 146a

Deed of Enfranchisement

This Indenture made the third day of October in the year of our Lord one thousand eight hundred and sixty two
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 Lord Wodehouse Baron Wodehouse of Kimberley in the County of Norfolk of the second part; and
– James Clarke of Deopham in the said County of Norfolk, Farmer, of the third part;
Whereas by an Indenture dated the fourteenth day of August one thousand eight hundred and forty seven and made between:-
– The said John Lord Wodehouse of the first part;
– Florence Fitz Gibbon, Spinster, of the second part;
– the said Anthony Henley Lord Henley and the 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 Honorable and Reverend Alfred Wodehouse, Clerk, 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 Lord Wodehouse and Florence Fitz Gibbon);
the Manor of Deopham Hall in the County of Norfolk (amongst other Manors and hereditaments) was 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 Lord Wodehouse 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 thereby required at any time or times thereafter at the request and by the direction of the said John Lord Wodehouse during his life (every such request and direction to be testified by some deed or writing to be sealed and delivered by the person whose request and direction was for the time being made necessary, in the presence of and to be attested by two or more 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, provisions, 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 it 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 on 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;
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 him surviving;
And whereas at a Court holden for the said Manor of Deopham Hall on the seventh day of April One thousand eight hundred and fourteen, the said James Clarke was admitted Tenant by virtue of the Deopham Inclosure Act and the Award of the Commissioners acting thereunder To hold to him and his heirs as Trustee of the Will of Robert Clarke his Father, deceased, and in lieu of certain ancient copyhold and the rights in respect thereof to All that piece of Land marked on the map annexed to the said Award 146a containing fifteen acres, one rood and eleven perches bounded by land allotted to William Lock in part North and in part West by land allotted to Sophia Clarke in further part North by other land allotted to the said James Clarke as trustee aforesaid in part East and on the remaining part of the North by the sixth private road, in further part East by other land allotted to the said William Lock, in further part South and on the remaining part of the East by the Parish of Great Ellingham on the remaining part of the South and in further part West, and by land allotted to Thomas Lord Walsingham on the remaining part of the West;
And whereas the said Anthony Henley Lord Henley (at the request and by the direction of the said John Lord Wodehouse testified by his execution hereof) hath agreed with the said James Clarke for the enfranchisement of the said allotment of land and hereditaments hereinbefore described at the price of One hundred and sixty pounds.
Now this Indenture Witnesseth that in consideration of the said sum of One hundred and sixty pounds sterling to the said Anthony Henley Lord Henley paid by the said James Clarke on the execution hereof the receipt whereof the said Anthony Henley Lord Henley doth hereby acknowledge and therefrom doth acquit and discharge the said James Clarke, his heirs, executors and administrators
He the said Anthony Henley Lord Henley at the request and by the direction of the said John Lord Wodehouse testified as aforesaid and by force and virtue of the power and authority in this behalf so given and reserved to him in and by the said hereinbefore recited Indenture of Settlement and of all other powers enabling him,
Doth hereby absolutely revoke, determine and make void
All and every the uses, trusts, powers, provisoes, 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 to which the said James Clarke was admitted as aforesaid with their appurtenances and of and concerning the said Manor of Deopham Hall so far only as the same freehold and inheritance is affected thereby, and no further or otherwise;
And this Indenture also witnesseth that for the considerations hereinbefore expressed, He the said Anthony Henley Lord Henley at the like request and by the like direction of the said John Lord Wodehouse testified as aforesaid,
Doth hereby limit, declare, direct and appoint That All that the said Allotment of land and hereditaments to which the said James Clarke 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 upon the trusts hereinafter expressed;
And this Indenture further witnesseth that for the consideration hereinbefore expressed , He the said Anthony Henley Lord Henley (at the like request and by the like direction of the said John Lord Wodehouse testified testified as aforesaid) Doth hereby grant, bargain, sell, aliene, release, enfranchise and confirm unto the said James Clarke, his heirs and assigns:
All that the said Allotment containing fifteen acres, one roods and eleven perches hereinbefore described to which the said James Clarke was so admitted Tenant as aforesaid,
Together with all ways, watercourses, timber and other trees, mines, minerals, limestone, lime, marl, clay brickearth, gravel, sand and other stone, rights and privileges of common and commonage and all other rights and appurtenances to the said Land and hereditaments hereby enfranchised belonging or appertaining;
And the reversion and reversions, remainder and remainders, rents, issues and profits thereof;
And all the seigniory¹ right, title, estate, interest, use, trust, claim and demand both at Law and in Equity of the said Anthony Henley Lord Henley and John Lord Wodehouse 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 the said Land and hereditaments hereinbefore described and all and singular other the hereditaments hereby enfranchised with their appurtenances unto and To the use of the said James Clarke, his heirs and assigns, for ever freed and discharged for ever hereafter from all and all manner of 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 aforesaid the said land and hereditaments are, is, or have, or hath been subject or liable to or charged with or would otherwise be payable or be due or performed to the Lord or Lords for, or in respect of, the said hereditaments aas copyhold and held of the same Manor but nevertheless:
Upon and for such and the same trusts, ends, intents and purposes as in and by the said Will of the said Robert Clarke deceased are expressed of and concerning the copyhold hereditaments in lieu whereof the said Allotment hereinbefore described and hereby enfranchised was allotted as aforesaid or such and so many of the same trusts, ends, intents and purposes as are now subsisting and capable of taking effect;
And for the considerations aforesaid the said John Lord Wodehouse doth hereby for himself, his heirs, executors and administrators covenant with the said James Clarke, his heirs and assigns
That he the said John Lord Wodehouse, his heirs or assigns unless prevented by fire or other inevitable accident shall and will at all times hereafter upon every reasonable request and at the costs of the said James Clarke, his heirs and assigns produce in England unto the said James Clarke, his heirs or assigns or to his or their Attorney or Agent or before any Court of Law or Equity or otherwise, as occasion shall require, the herein before recited Indenture of Settlement for the support of the Title of the said James Clarke, his heirs or assigns to the said hereditaments hereby enfranchised;
And shall and will at the like request and costs make and 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 James Clarke, his heirs and assigns;
And the said Anthony Henley Lord Henley doth hereby for himself, his heirs, executors and administrators covenant with the said James Clarke, his heirs and assigns that he the said Anthony Henley Lord Henley hath not done any act to encumber the said land and hereditaments hereby enfranchised or intended so to be or the said Manor or Lordship in any manner howsoever.
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written:
Henley
Wodehouse
Witnesses:
C. Beauchamp Cooper
J.G. Dodson

All rights reserved by Norfolk Record Office who hold the original;
their reference is NRO MC 639/4, 796X1
Transcription © G. Sankey

Comments

The Court of Deopham Hall of April 14^th 1866 contains a very similar enfranchisement document. The copy there has been marked up to indicate passages significant to the Manor’s history.

Footnotes

Seigniory – the power or authority of a feudal lord. ↩︎

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Manor of Deopham Hall

Date	Change
9/12/24	Published IMG_20241126_142652