KINGS HEATH, BIRMINGHAM, 1702 CARTHEW (Thomas, 1657-1704, from 1700 Serjeant-at-Law)

Legal Opinion Signed, concerning the Royal Manor of Kings Norton, south of Birmingham, in answer to 5 queries by the Freeholders, Copyholders and Tenants, about infringement of their rights over the common wasteland where they graze cattle and "cutt Goss [gorse] Ling Furrs [furze] Thorns & Shrubs", their complaint is against "several poor people" who "within sixty years ... have erected Cottages ... & inclosed ... about an Acre or two", the Cottagers have been paying their annual fines to the Lord of the Manor at the Court Leet. They have also been required to open their enclosures between Allhallows (1st November) and Candlemas (2nd February). Now Sir Henry Parker is threatening to turn "the poor Cottagers ... out of Doors unless they will ... take leases" and is also suing "several Tennants & Freeholders for ... carrying Marle out of the said Waste grounds & for digging Turf", thus at least three parties are involved, this is a fascinating analysis at a time when Commoners' rights were still largely enforceable, 2 sides folio, 13th February 1702, modern calendar

Kings Norton was a royal demesne from before the Conquest till 1803. In the 17th century it was conferred on successive Queens, here Charles II's Catherine of Braganza (1638-1705). She had devised the manor for a period of years to the late C. Aldsworth, with Sir Henry Parker, (1638-1713, 2nd Bart. of Melford Hall, Suffolk), now holding it in trust for his widow and son. The wasteland attached to the manor is today Kings Heath.
The first query is whether to make the Cottagers defendants (and if so, how they might plead to maintain possession), or, (given their acceptance of the fines), whether the Cottagers should accept judgment by default. (Carthew thinks they had better accept the latter, as they are 'Common Ejectors'). Nor can they take away the materials of their Cottages. If afterwards Sir Henry keeps the cottages, he in turn can be sued by any Commoner, under 31 Elizabeth I c. 7 against enclosure. If he sues the Freeholders over the marl he will win. Finally the correct way to stop the Steward increasing his Court Fees is "by Inditement for Extortion".

Item Date:  1703

Stock No:  55424      £425

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