Common Land In Burwell

[Racing Girl]

Hello All-
Came across the will of one of my husbands ancestors, Edward William Peachey of Burwell, bn 7th June 1859, died 13th Feb 1805.  In his will he states "First I give and devise all those 8 acres of arable land in the common fields of  Burwell aforesaid with their appurtenances holden of the Manor of Burwell Tiptofts (which I have surrendered to the care of my will) to my wife Ann and her assigns for the term of her natural life."  Now I thought that common land was just that, common,  still owned by the lord of the manor but it was land that the inhabitants of the village could use to graze their livestock.  Yet, here, it seems that Edward can will it to his descendants... was that normal?  Perhaps the Peacheys had right over these 8 acres, but didn't actually own it?  Can anyone help explain this?

Thanks,
Brenda

[Necromancer]

yes, most probably Commoners Rights (Turbery, Piscary, Estovers, Pannage, Grazing etc etc).... I think the key is appurtenances holden ie rights attached to those 8 acres within the Common (sometimes 'Waste') of that Manor ....

you are correct in that Common Land is not of Common ownership, but owned by someone who grants rights.

Even today there are lists of 'Commoners with rights over land ...' - I had to research this for the situation relating to the occupants of a house in Hazeley Heath, as the current Lord of the Manor wasnt at all au fait with law.

this may help - http://en.wikipedia.org/wiki/Common_land

[Racing Girl]

Thanks PM, that's an interesting article to say the least!  Would it be correct to assume that if my My Peachey had no will, or no other relative to will the land to, then it would return to the lord of the manor and another village resident could petition to be granted rights to that piece of land? (I know it never really left the ownership of the manor, but you know what I mean!).

Brenda

[Necromancer]

not sure - when I researched the 'current list of Commoners' at Hants County Council, there was evidence of some being crossed out and replaced by others of the same surname, and some just being crossed out and not replaced.

I got the impression that it was a bit of a closed shop ..... but you'd have to speak to an expert really .... 

[ainslie]

Brenda
"bn 7th June 1859, died 13th Feb 1805."
Really???  !
A

[Necromancer]

fairly obvious what was meant !

[Racing Girl]

Didn't even spot the error!  Born 1759, died 1805.

Brenda