EARLY ROAD LEGISLATION

It was in the year A.D. 411 that the Roman legions were withdrawn from

Britain, and it was not until 1555, or 1144 years after their departure,

that the first general Act was passed, not for the construction, but for

the repair of roads in this country. In the meantime such further

construction or repairing as was actually done had been left to the Church,

to private benevolence, to landowners acting either voluntarily or in

accordance with the conditions on which they held their estate, or to the

inefficient operation of the common law obligation that the inhabitants of

a parish must repair the highways within the same.

A writer in 1823, William Knight Dehany, of the Middle Temple, in a book on

"The General Turnpike Acts," comes to the conclusion, after careful

research into the records of this early period, that "With the exception of

the principal roads communicating with the important sea ports and

fortresses of the Kingdom (probably the four great roads formed either by

the Romans or Saxons), the other highways were but tracks over unenclosed

grounds, where the passenger selected his path over the space which

presented the firmest footing and fewest impediments, as is the case in the

present day in forests and wastes in remote situations." He considers that

when packhorses only were used for the transport of burdens, the state of

the roads was not a subject of much interest and importance; but certain it

is that the subject became more acute when the greater traffic that

resulted from expanding trade and commerce led to the roads getting into an

even worse condition than they had been in previously.

The earliest road legislation that can be traced was an Act passed in 1285,

in the reign of Edward I., directing that on highways leading from one

market town to another "there be {29}neither dyke, tree nor bush whereby a

man may lurk to do hurt within two hundred feet on either side of the way";

but this measure was designed for the protection of travellers against

robbers, and had no concern with the repair of the roads. In 1346 tolls

were imposed, by authority of Edward III., for the repair of three roads in

London, namely, "the King's highway between the hospital of St. Giles and

the bar of the old temple (in Holborn)"; what is now Gray's Inn Road

("being very much broken up and dangerous"), and another road, supposed to

be St. Martin's Lane. These tolls, according to Macpherson's "Annals of

Commerce" (1805) were to be imposed for a period of two years upon all

cattle, merchandise and other goods passing along the roads in question;

they were fixed at the rate of one penny in the pound on the value of the

animals or goods taxed, and they were to be paid by all persons, except,

curiously enough, "lords, ladies, and persons belonging to religious

establishments or to the Church." Then, in 1353, "the highway between

Temple-bar and Westminster being already rendered so deep and miry by the

carts and horses carrying merchandise and provision at the staple that it

was dangerous to pass upon it," the King required the owners of houses

alongside to repair the road in consideration of the increased value of

their property owing to the establishment of the staple.[5]

Reference has already been made (page 13) to the concession by Edward III.

to "Phelippe the hermit" of the right to impose tolls for the repair of the

road on Highgate Hill. Macpherson further says, under date 1363:--

"The equitable mode of repairing the roads by funds collected from those

who used them was now so far established that we find, besides the renewals

of the tolls for the Westminster road almost annually, tolls granted this

year for the road between Highgate and Smithfield, for that from Wooxbridge

(Uxbridge) to London, and for the venel called Faytor (Fetter) lane in

Holburn."

In the reign of Henry VIII. the first Statutes relating to {30}particular

highways were passed, a lord of the manor in Kent, and another in Sussex,

being empowered to construct certain new roads, at their own expense, and

then enclose the old ones for which the new would be substituted; but the

Act of 2 and 3 Philip and Mary c. 8, passed in 1555, was the first Highway

Act in this country which applied to roads in general.

"Commerce," says Macpherson, "beginning to increase considerably in the

reign of Queen Mary, and the old roads being much more frequented by heavy

carriages" (a term applied at this time to wheeled vehicles of any

description), the Act was passed with a view to securing a much-needed

improvement. After declaring, in a preamble, that the roads had become

"both very noisome and tedious to travel in and dangerous to all passengers

and carriages," the Act directed that constables and churchwardens in every

parish should, during Easter week in each year, "call together a number of

the parochians" and choose two honest persons to serve for twelve months as

surveyors and orderers of works for amending parish highways leading to any

market town. These surveyors were authorised to require occupiers of land

to attend each Midsummer with wains, or carts, in proportion to their

holdings, such carts being furnished, after the custom of the country, with

oxen, horses or other cattle and necessaries, and to be in charge of two

able men. All other householders, cottagers and labourers, able to work and

not being servants hired by the year, were to furnish work in their own

persons, or by deputy, bringing with them "such shovels, spades, pikes,

mattocks and other tools and instruments as they do make their own fences

and ditches withall." Work was to be carried on for four days, of eight

hours each, unless otherwise directed by the supervisors; and constables

and churchwardens were "openly in the Church to give knowledge" of

appointed days. Fines for default were to be imposed at leets or

quarter-sessions.

This Act was to remain in operation for seven years. In 1562 it was

continued by 5 Eliz. c. 13, which, in addition to giving compulsory powers

to obtain materials for road repairs, increased the "statute" labour, as it

came to be called, from four to six days each year.

This principle of compulsory labour on the roads was--subject to various

modifications in regard to alternative {31}assessments--to remain in

operation until the passing of the General Highway Act of 1835, when it was

wholly superseded by highway rates. The labour itself, though it brought

about an improvement on the previous road conditions, was from the first

far from satisfactory, judging from the references made to it by Holinshed.

The roads, he says, were very deep and troublesome in winter; the

obligation in regard to six days' labour on them was of little avail, since

the rich evaded their duty, and the poor loitered so much that scarcely two

days' work was done out of the six; while the surveyors, instead of

applying the labour to the amendment of roads from market town to market

town, bestowed it on particular spots the repair of which conduced to their

own convenience. Nor, it seems, was the power conferred on the justices to

punish surveyors and parishioners if they failed in their duty of much

practical avail.

No further general legislation concerning roads was passed until the

Restoration, when, says Macpherson, "The vast increase of commerce and

manufactures and of the capital city of London, with the concomitant

increase of luxury, brought in such numbers of heavy-wheel carriages as

rendered it by degrees impracticable, in most cases, for parishes entirely

to keep their own part of the roads in a tolerable condition, more

especially in the counties lying near London and in the manufacturing

counties."

Petitions had been received from the inhabitants of various districts

throughout the country praying that steps should be taken for the

betterment of their roads, with the view of facilitating

intercommunication, and it became evident that some more effective system

for the construction and repairing of roads must be adopted.

In 1662 Parliament passed an Act (14 Car. II., c. 6) which stated that,

inasmuch as former laws and statutes for mending and repairing public

highways had been found ineffectual, by reason whereof, and the

extraordinary burdens carried on waggons and other carriages, divers

highways had become dangerous and almost impassable, churchwardens and

constables or tithing men in every parish were directed to choose surveyors

yearly on the Monday or Tuesday in Easter week, giving public notice

thereof in church immediately after the end of the morning prayer. These

surveyors {32}were to view the highways, estimate the cost of the necessary

repairs, and, with the help of two or more substantial householders,

apportion the cost among persons assessed to the poor rate and owners of

all classes of property exclusive of "household stuff," the stock of goods

in a shop being assessed as well as the shop itself, and the personal

belongings of a householder equally with the dwelling he occupied.

There was further brought about, in 1663, the definite establishment, by

law, of that system of toll-taking, by means of turnpikes, the principle of

which had, as we have seen, already been adopted in a few isolated

instances. Macpherson speaks of the system as "the more equitable and

effectual method of tolls, paying at the toll-gates (called turnpikes) by

those who use and wear the roads"; and this was the view that generally

prevailed at the time. He records as follows, under date 1663, the passing

of this first English Turnpike Act:--

"The antient fund for keeping the roads of England repaired was a rate

levied on the land holders in proportion to their rents, together with the

actual service of the men, the carts, and horses of the neighbourhood for a

limited number of days. But now, by the increase of inland trade, heavy

carriages and packhorses were so exceedingly multiplied that those means of

repairing the roads were found totally inadequate; neither was it just that

a neighbourhood should be burdened with the support of roads for the

service of a distant quarter of the Kingdom. It was therefore necessary to

devise more effective and, at the same time, more equitable means of

supporting the public roads, and the present method of making and repairing

the roads at the expense of those who actually wear them and reap the

benefit of them was now first established by an Act of Parliament (15 Car.

II., c. 1.) for repairing the highways in the shires of Hartford, Cambridge

and Huntingdon, by which three toll-gates (or turn-pikes) were set up at

Wadesmill, Caxton and Stilton."

The highways here in question formed part of the Great North Road to York

and Scotland, and the preamble of the Act stated that this "ancient highway

and post-road" was, in many places, "by reason of the great and many loads

which are weekly drawn in the waggons through the said places, as well as

by reason of the great trade of barley and {33}malt that cometh to Ware,

and so is conveyed by water to the city of London ... very ruinous, and

become almost impassable, insomuch that it is become very dangerous to all

his Majesty's liege people that pass that way." The Act required the

justices in each of the three counties to appoint surveyors who were to

provide road materials and require of persons chargeable under the general

law that they should send waggons and supply labour in accordance with

their obligations, any extra work done by them being paid for at the usual

rates in force in the district. The surveyors were, also, to appoint

collectors of tolls who were empowered to levy, at the toll-gates (one of

these being in each of the three counties) "for every horse, one penny; for

every coach, sixpence; for every waggon, one shilling; for every cart,

eightpence; for every score of sheep or lambs, one half-penny, and so on in

proportion for greater numbers; for every score of oxen or neat cattle,

five pence; for every score of hogs, twopence"; but no person, having once

paid toll, and returning the same day with the same horse or vehicle, or

with cattle, was to pay a second time. The Act was to remain in operation

for eleven years; though it was, of course, then renewed.

How the turnpike system, thus introduced, was subsequently developed

throughout the land will be shown later.

Charles II., whether he personally influenced the Act of 1663 or not,

showed in a very practical way his interest in the opening up of the

country to improved communications. In 1675 a remarkable work was published

by John Ogilby, Cosmographer Royal, under the title of "Britannia; A

Geographical and Historical Description of the Roads of England and Wales."

The book consisted of 100 double-page sheets of road maps, giving, in

scroll fashion, every mile of route for eighty-five roads or itineraries,

and showing distances in each case, together with a description of each

route, written in considerable detail. The maps, without the letterpress,

were published in the same year in a separate volume, under the title of

"Itinerarium Angliæ"; and in 1699 the descriptive matter, without the maps,

was reprinted in the form of a handbook, under the title of "The

Traveller's Guide."

In his dedication of "Britannia" to King Charles II. the author says:

"Influenced by Your Majesty's Approbation {34}and Munificence, I have

attempted to Improve our Commerce and Correspondency at Home by Registering

and Illustrating Your Majesty's High-Ways, Directly and Transversly, as

from Shore to Shore, so to the Prescribed Limits of the Circumambient

Ocean, from this Great Emporium and Prime Center of the Kingdom, Your Royal

Metropolis."

"The Traveller's Guide" is described as "A most exact Description of the

Roads of England, being Mr Ogilby's Actual Survey and Mensuration by the

Wheel of the Great Roads from London to all the considerable Cities and

Towns in England and Wales, together with the Cross Roads from one City or

Eminent Town to another"; while in the preface the author throws more light

on the previous reference to his Majesty's munificence, saying:--

"This Description of England was undertaken by the Express Command of King

Charles II., and it was at his Expence that Mr Ogilby with great exactness

performed an Actual Survey and Mensuration by the Wheel of all the

Principal Roads of England."

{35}CHAPTER VI

A History of Inland Transport and Communication in England · 第 25 / 82 题