
1628
......Sir Robert Heath being Lord of the Manor of Soham, filled a Bill
in the Court of Exchequer against divers tenants of the Manor setting
forth that there were 9,400 acres of marsh and Fen grounds demense of
the said Manor, which lay waste and common, and asking that by
agreement everyone might have his share of it, &c.
That upon hearing the case, it was declared that Sir R. Heath should
have 2000 acres, to be set out free of common, and that all the rest of
waste ground should be left to the commoners. 1500 acres were
accordingly set out in Metlam Fen and 500 acres in Barroway or Barway
Fen, which Sir Robert enclosed and which descended to his son Edward
Heath, who conveyed the same to Mr. Abbot and Mr. Deynes, and they to
Sir Thomas Chicheley, who was interrupted in his occupation.
That 420, part of the 1500, were taken away from him, and the tenants
of the Manor threw down the enclosures. Sir Thomas Chicheley in 1655
filed a Bill to have the former decree observed. The Court left the
parties to treat about an agreement. In consequence, it was agreed on
or about Jan. 4th. 1658, that Sir Thomas Chicheley and his heirs should
enjoy the 500 acres in Barroway Fen, free from any claim of the tenants
of the Manor; that for accommodation of the tenants , he was content to
resign his interest in the 1080 acres residue of the 1500 acres in
Metlam Fen, and was to have the other parts of the waste and commons in
lieu.
Then in consequence of the Act of Parliament for draining the great
Level of the Fens, called Bedford Level, in the year 1663, divers of
the inhabitants of Soham set out their shares, the Lord of the Manor
being by the aforesaid agreement satisfied for his share, differences
arose amongst the Commoners about this division, and by agreement dated
Sept. 20th. 1664, they referred the settling of their several shares to
Sir Thos. Chicheley and Jonas Moore, afterwards Sir Jonas Moore.
Sir T. Chicheley and Sir J. Moore, by Deed Poll dated Dec. 20th, 1664,
made their award, laying down rules for the division amongst the
tenants, and ordered, moreover, that 100 acres should be set out for a
Horse pasture, &c, for the working horses, &c, and for
no other cattle; the stinting the same to be left to the major part of
the farmers and owners.
That 200 acres of the common in Horsecroft, East Fen, Qua Fen, and
Townsend Street, and elsewhere, should be set out for feeding the
cattle of the poor cottagers and others in such order as should be set
out by the Lord, his steward and the homage and that none who had
shares should common in the 200 acres, at 100 acres in Hurst or Hasse
should be set out in some covenient place for digging peat and turf for
poor cottagers and inhabitants: the ordering of it to be left to the
Lords Steward and homage, as also the herbage, how to be disposed of
for the good of the town. 12 acres of the best ground in Soham moor to
be set out for Mr Gerard Russell and his heirs in severalty.
That the Vicar of Soham should have 5 acres in the moor for the going
of his horses or mares.
That the remainder of Soham moor, being 116 acres, should be settled in
trustees to be chosen by the Lord of the Manor and tenants, or the Lord
and major part of the tenants. The expense of embanking, surveying,
&c, to be borne by the Feoffees out of the rents of the 116
acres, and the overplus to be for a Town Stock to set the poor on work,
binding out apprentices, and raising a revenue for a school master, as
the Lord and a major part of the tenants should order.
There were 4,666 acres of which 170 were to be deducted for Droveways,
being 4496 acres to be distributed into 281 parts, and therefor 16
acres to a share, that 256 acres next to Barway Fen should be first
lockspitted out, to be divided into 16 lots to the commonable houses in
that hamlet. That the remaining 4240 acres to be divided into 265
acres, 16 acres to a share to the commonable houses and owners of
sheepwalks in Soham.
The shares were set out by the Award, and application was made to the
Commissioners appointed for the Horse Pasture, the Poors maintenance,
for a Free School, Towns Stock, and repairing the highways according to
the said Award. The Commissioners declared that they had not power to
do this, and in consequence it was agreed by all parties that the said
lands should be left vested in Sir Thos Chichelely and his heirs '' in
trust to be conveyed and settled for the uses in the said Award
directed.''
The lands were so decreed to him, and for the preserving the said
Award, the Commissioners made an order on the 13th December 1666
reciting the Award and this was signed by the Commissioners.
Then the Bill goes on to declare that Sir T Chicheley obtained a
decree, from the Commissioners appointed by Parliament for the purpose
of wavering the Trust, but that afterwards he denied the Trust and
ruined, or delayed to fulfil, the agreement; and claims as Lord of the
Manor the lands which they claim to have conveyed according to the
Trust, they state that he denies consenting to the agreement or
undertaking the Trust. that he hold the lands and takes the rents and
profits.
The Bill therefore was for the purpose of making him render an account
of these rents and to compel him to execute the Trusts.
Sir. T. Chicheley in answer, put in his claim as Lord of the Manor by
virtue of certain decrees of the Bedford Level Commissioners (Sept.
25th, 1668 ), and divers large sums of money expended by him on the
land in imbanking, &c, and it was likewise pleaded that the 300
acres for the poor had been set out and all along enjoyed by them.
After his argument, it was finally decreed in the Easter Term, 1686,
that the ?.... acres shall be upon the same uses and trusts as in the
Award was appointed. That Sir T. Chicheley should before August the 1st
incures the costs of the Plantifs, convey in trust for the purpose of
the Award mentioned, the 516 acres and 3 acres for repairing Rosefield
Lane, &c, to the Master of Pembroke Hall, the Vicar of Soham,
and twelve others, &c that Sir T. Chicheley was discharged from
any account of the rents and profits received and was to receive them
up to Lady Day 1685 and to pay the costs of suit.
The results of the Bill filed against Sir T. Chicheley as settled by
the above, that he had to give up possession of the Horse pasture, the
116 acres in the Moor, and 3 acres for repair of Rosefield Lane, which
he was retaining for his own use; the Award previously made by himself
and Sir Jonas Moore was accurate in its main particulars; but this
variation was made, that instead of having the appointment of Feoffees
or Trustees to be made by the Lord of the Manor and the Tenants the
court of Exchequer appointed the first set of Trustees, and gave new
directions that they were to be appointed for the future.
The Court evidently considered that Sir Thos Chicheley had just claims,
and a defence for what he had done and for the mode in which he had
acted, as they did not require any account of the rents of the lands
retained by him, and distinctly allowed him the rents and profits up to
Lady Day, 1685, and he had no costs of the suit to pay.
The Feoffees to whom he had to convey the property were ordered to pay
all costs of obtaining the decree out of the rents of the 100 acres of
Horse pasture and 116 acres in the Moor, which they were to retain in
their hands for 4 years, from 1685, in order to pay their costs, and
after these 4 years '' the said Horse pasture and Soham Moor shall be
and remain in the hands of the said Trustees for such uses as are
mentioned in the said Award : '' the remaining 300 acres and the 3
acres of Rose field lane being in their hands also for the uses
mentioned in the Award.
In Jocelin of Brakelonds Schedule of Churches belonging to the Abbot of
Bury St Edmunds, among the Churches of the Manors and socages of the
Abbot, in 1191, occurs : ....... '' Soham, 6 marks .''
The following are from different volumes of the Calendars of Patent
Rolls :.......
1283 ...... ( 11 Edw. I. 60 ) April the 6th. Conway. Writ de intendendo
directed to the tenants of the Manor of Soham for Robert de Crevequer
to whom the said Manor has been granted for life, in exchange for his
land of Maylor Saxneyth, with reversion to the King. Mandate to Richard
de Holebrook to make livery. Et fuerunt patentes.
Mandate to Sheriff of Cambridge to make livery of the Manors of Soham
and Ditton saving to the King the corn and other goods therein. Et fuit
claus.
1283 ...... ( 12 Edw. I. 139 ) December 11th Leominster. Commission to
Thomas de Wey-land and Richard de Holebrook to enquire who ought to
repair and maintain the little bridges ( ponticulos ) and causeway
between Soham and Stuenteneye, co, Cambridge, which are broken down,
and to compel them to do so.
1284 ...... ( Ib. ) Jan 24th Clipston. Commission to R. de Leycester
and R. de Holebrook to the same purpose.
1285 ...... ( 13 Edw. I. 208 ) June 8th. Westminister. Assoc. of R. de
Holebrook with William de Pakenham and Alan le Fraunceys in a
commission to enquire concerning the metes and bounds in the Kings
Manor of Soham county Cambridge, which is ancient demense of the Crown,
within which the Kings men ought to dig turf in the Marsh of Soham and
to cut and take reeds there, and touching the persons who have
interfered with them.
1289 ...... ( 17. Edw. I. 328 ) November 8th Clarendon. Grant to Robert
de Crevequer of the custody of the Castle of Bestan, co. of Chester,
and 100s, yearly for custody of the same, and £45 yearly of the issue
of the Kings Mill and Bridge of Chester by the lands of the farmers
thereof, in exchange for his quit claim of a moiety of the Manor of
Soham, which moiety the King and Queen formerly granted to him for life
in exchange for his quit claim to them of his land of Maillorsaxeneyth.
Mandate in persuance to farmers of said Mills and Bridge of Chester
Mandate in pursuance to Reginald de Grey, justice of Chester, for
livery of his Castle.
1327 ...... ( I. Edw. III. 123 ) May 29th. York. General pardons,
including Richard Gegge of Soham, for offences before the coronation.
1331 ...... ( 4. Edw. III. 55 ) Jan 1st. Westminister. Among the Manors
granted '' to Queen Philippa as dower with the assent of Parliament and
in fulfilment of the Kings promise on marriage to provide her with
lands and rents equal to £3,000, '' is the Manor of Soham, co.
Cambridge, estimated as worth £100.
These are from the Calendars of Close Rolls, for the reign of Edward
II. :....
1318 ...... October 27th to Master Richard de Clare, Escheator beyond
Trent. Order not to intermeddle further with lands of William de
Botiller of Soham, and to restore the issues thereof, as it appears by
inquisition that he held nothing of the King in Chief at his death by
reason whereof the custody of his lands ought to pertain to the King.
1322 ...... Hugh le Despenser petitioned the King, shewing that many
oppressions, grievances, and arsons had been committed upon him wrongly
and against the peace; viz. of the Earl of Hereford , Sir Roger
Mortimer, and many others came in St. Barnabas in the 14th year of the
Kings reign and entered with force many of Hugh's Manors, including
that of Saham, co. Cambridge, and carried away from the said Manors,
sheep, cattle, goats, arms, fish, victuals, &c, &c, and
tore down houses doing damage on the whole to £30,000 .
The King reversed the exile of Hugh and awarded that he should again
have seisin of his lands, goods, and chattels.