way leave

1) A special right of way.

The granting of special rights of way is in evidence from an early date, as when Richard le Walais allowed the prior of Healaugh to use a road 20 feet in width from his old park usque pontem suum de Haganhou … ad cariandum boscum et maheremium. Springwood leases frequently included clauses which had to do with the use of such rights of way, not just controlling access into the woods but also the transporting of material in and through the fields which adjoined the woods. They also controlled the pasturing of carriage animals: in 1377 Walter de Calverley granted one lessee and his associates ‘reasonable ingress and regress … and pasture for his horses that carry his coal’, Calverley. There are similar examples through the sixteenth and seventeenth centuries: 1527 to have free entree and issue with all maner of cariage into the said two greafes … as afore hath been accustomed withoute vexation, Denby

1548-9 ‘Thomas Nailler and Richard Willey, smethemen … to have sufficient ways for carrying the wood and bark over Rysheworthe’s ground’, Shelf

1596 wayeleave for the said Ralph Beistone … with horses, Cartes and Carryages, Beeston

1620 way leave through the lands and waste grounds to the Brook for watering Cattle, Beeston. Coal-mining leases have similar clauses: 1597 wayeleave for servantes, workemen … to geat Coales, make sueres, Beeston

1659 waye leave in and through all the ground, North Bierley. William Storr wrote of customs that prevailed in the late 1600s, saying in his memorandum book we have no horss way on the Closses but by leave, Scalm Park. Over the centuries, despite such ways being required only at intervals, their use could evidently become customary: 1672 to take Cleare Cary away the same … in and throughe all usual ways, Tong

1763 Also granteth way and Leive for carrying off the said Trees, Wood, Bark, Cordwood … in over & through the usual ways, Esholt.

dates 1377 1527 1548-1549 1596 1597 1620 1650-1699 1659 1672 1763

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