Commissioners.—Five are to be appointed; they are to be chosen by eleven persons, each representing one of the eleven townships. These eleven persons are to be elected in each township by the owners and proprietors of Houses, Toftsteads, and Lands which formerly paid Dyke-reeve assessments; except in the case of Brothertoft, where Sir Charles Frederick, as sole owner and proprietor, nominates the person. No person interested in the inclosure is to be chosen as Commissioner, and in addition to the usual oath of acting ‘without favour or affection’ the Commissioners are required to take the following oath:—
‘I, A. B., do swear, that I am neither Proprietor nor Occupier of, nor, to the best of my Knowledge, am I concerned as Guardian, Steward or Agent for any Proprietor of any Houses, Toftsteads, or Lands within any of the Parishes of’ (names given) ‘or for any Person to whom any Allotment is to be made by virtue of the said Act.’
Three Commissioners are a quorum. Vacancies are to be filled by the 11 persons elected as before. If they fail to do so, the remaining Commissioners can nominate. Survey to be made by persons appointed by the Commissioners, and number of present Houses and Toftsteads to be recorded except in Boston West and Brothertoft. Edward Draper of Boston, Gentleman, to be Clerk.
Payment.—Commissioners each to have £210 and no more. Two guineas to be deducted for each day’s absence.
Claims.—Nothing is said about sending in claims, as the survey giving the Houses, etc., does instead. If any difference or dispute arise between parties interested in the division with respect to shares, rights, interests, and proportions, the Commissioners are to hear them, and their determination is to be binding and conclusive.
System of Division—Special Provisions:
To Lords of the Manor.—Zachary Chambers, Esq., is Lord of the Manor of Swineshead; Charles Anderson Pelham, Esq., is Lord of the Manor of Frampton. These two are intitled jointly to the soil of the fen, and Charles Anderson Pelham, Esq., is also intitled ‘to the Brovage or Agistment’ of 480 head of cattle on the fen every year.
(1) Zachary Chambers, Esq., is to have 120 Acres in one piece in a part called Brand End in lieu of his rights of soil and of all mines and quarries of what nature whatsoever.
(2) Charles Anderson Pelham, Esq., is to have 120 Acres in one piece, near Great Beets, for his rights of soil and of mines and quarries.[492]
Charles Anderson Pelham, Esq., is also to have in lieu of his right of Brovage a parcel of the same number of acres that were given by an Act of 9 James I. to the Lords of the Manor of Swineshead for Brovage.