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[Page 3]
Remarks
I did not know that the Plaintiff was charged in this Cause I thought we were still defendants
Plea of Joint Tenancy involves the whole claims of the Dutche of Lancaster on the Fens for if the Lands are the Property of the Commoners or Tenants in Common the Soil also belongs to the Tenants & the Lord has no claim for Bourage or any Rights except profits of Court if it is so 1/20 is far too great a Compensation
it is probable that no instance Can be brought of many Parishes being Tenants in one Common together nor is it Likely that if the Like are Tenants in Common that the 7 Farms should be so. They hold by Charter & the Charter of Boston west will be Found, as I have a Copy of it; Bourage Tenants have Sometimes had their Common Grants in Joint Tenancy, Lincoln has 10, but as Boston is a new Borough created since the Conquest, because and as the Town did not exist when Domesday was Compiled it is not likely it should have any prescriptive right besides the Common right in Question [indecipherable] does not belong to the Borough of Boston but to Boston West only that Portion of the Borough which is in East Holland Boston East claims no Common rights on the west or East for the inhabitants had Common rights in Holland Fen which is now allotted but they never set up a right of joint tenancy in that Fen
The Laws of the fen Court will go near to decide the Question, if the Lord has a right of Soil the Fen Cannot be held by Tenancy in Common
The Commoner of Turbery which always looks like a right to the Soil vested in the Tenants, is Compensated for in the Case of the 7 Towns by a Payment to the Lord, Calld from the Right to which it is a Compensation Fen Feine Rent now Corruptd by Fen Fore rent, & Danby Claims as a Prescient in Boston West one of the 7 Farms but if the Tenant Cannot take [indecipherable] without making a Compensation to the Lord for Every house as the record says e. quo funues exit since he Cannot be the Proprietor of the Soil