CHAPTER XIII

CONCLUSION

A row of eighteenth-century houses, or a room of normal

eighteenth-century furniture, or a characteristic piece of

eighteenth-century literature, conveys at once a sense of satisfaction

and completeness. The secret of this charm is not to be found in any

special beauty or nobility of design or expression, but simply in an

exquisite fitness. The eighteenth-century mind was a unity, an order;

it was finished, and it was simple. All literature and art that really

belong to the eighteenth century are the language of a little society

of men and women who moved within one set of ideas; who understood each

other; who were not tormented by any anxious or bewildering problems;

who lived in comfort, and, above all things, in composure. The classics

were their freemasonry. There was a standard for the mind, for the

emotions, for the taste: there were no incongruities. When you have a

society like this, you have what we roughly call a civilisation, and

it leaves its character and canons in all its surroundings and its

literature. Its definite ideas lend themselves readily to expression.

A larger society seems an anarchy in contrast; just because of its

escape into a greater world it seems powerless to stamp itself on

wood or stone; it is condemned as an age of chaos and mutiny, with

nothing to declare. In comparison with the dishevelled century that

follows, the eighteenth century was neat, well dressed and nicely

appointed. It had a religion, the religion of quiet common sense and

contentment with a world that it found agreeable and encouraging; it

had a style, the style of the elegant and polished English of Addison

or Gibbon. Men who were not conscious of any strain or great emotion

asked of their writers and their painters that they should observe in

their art the equanimity and moderation that were desirable in life.

They did not torture their minds with eager questions; there was no

piercing curiosity or passionate love or hatred in their souls; they

all breathed the same air of distinguished satisfaction and dignified

self-control. English institutions suited them admirably; a monarchy so

reasonable nobody could mind; Parliament was a convenient instrument

for their wishes, and the English Church was the very thing to keep

religion in its place. What this atmosphere could produce at its best

was seen in Gibbon or in Reynolds; and neither Gibbon nor Reynolds

could lose themselves in a transport of the imagination. To pass from

the eighteenth century to the Revolt, from Pope to Blake, or from

Sheridan to Shelley, is to burst from this little hothouse of sheltered

and nurtured elegance into an infinite wild garden of romance and

mystery. For the eighteenth century such escape was impossible, and if

any one fell into the fatal crime of enthusiasm, his frenzy took the

form of Methodism, which was a more limited world than the world he had

quitted.

The small class that enjoyed the monopoly of political power and social

luxuries, round whose interests and pleasures the State revolved,

consisted, down to the French war, of persons accustomed to travel, to

find amusement and instruction in foreign galleries and French salons,

and to study the fashions and changes of thought, and letters and

religion, outside England; of persons who liked to surround themselves

with the refinements and the decorations of life, and to display their

good taste in collecting old masters, or fine fragments of sculpture,

or the scattered treasures of an ancient library. Perhaps at no time

since the days when Isabella d’Este consoled herself for the calamities

of her friends and relatives with the thought of the little Greek

statues that were brought by these calamities into the market, has

there been a class so keenly interested in the acquisition of beautiful

workmanship, for the sake of the acquisition rather than for the sake

of the renown of acquiring it. The eighteenth-century collectors

bought with discernment as well as with liberality: they were not the

slaves of a single rage or passion, and consequently they enriched

the mansions of England with the achievements of various schools.

Of course the eighteenth century had its own fashion in art, and no

admiration is more unintelligible to modern taste than the admiration

for Guercino and Guido Reni and the other seventeenth-century painters

of Bologna. But the pictures that came across the Channel in such great

numbers were not the products of one school, or indeed the products of

one country. Dutch, Flemish, French, Italian, they all streamed into

England, and the nation suddenly found itself, or rather its rulers,

very rich in masterpieces. The importance of such a school of manners

as this, with its knowledge of other worlds and other societies, its

interest in literature and art, its cosmopolitan atmosphere, can

only be truly estimated by those who remember the boorish habits of

the country gentlemen of the earlier eighteenth century described by

Fielding. With the French war this cosmopolitan atmosphere disappeared.

Thenceforth the aristocracy were as insular in their prejudices

as any of their countrymen, and Lord Holland, who preserved the

larger traditions of his class, provoked suspicion and resentment by

travelling in Spain during the Peninsular War.[487]

But if the art and literature of the eighteenth century show the

predominance of a class that cultivated its taste outside England, and

that regarded art and literature as mere ministers to the pleasure

of a few,[488] they show also that that class had political power

as well as social privileges. There is no art of the time that can

be called national either in England or in France, but the art of

eighteenth-century England bears a less distant relation to the English

people than the art of eighteenth-century France to the people of

France, just in proportion as the great English houses touched the

English people more closely than Versailles touched the French. English

art is less of mere decoration and less of mere imitation, for, though

it is true that Chippendale, Sheraton, and the Adam brothers were

all in one sense copying the furniture of other countries--Holland,

China, France--they all preserved a certain English strain, and it was

the flavour of the vernacular, so to speak, that saved their designs

from the worst foreign extravagance. They were designing, indeed, for

a class and not for a nation, but it was for a class that had never

broken quite away from the life of the society that it controlled.

The English aristocracy remained a race of country gentlemen. They

never became mere loungers or triflers, kicking their heels about a

Court and amusing themselves with tedious gallantries and intrigues.

They threw themselves into country life and government, and they were

happiest away from London. The great swarms of guests that settled on

such country seats as Holkham were like gay and boisterous schoolboys

compared with the French nobles who had forgotten how to live in the

country, and were tired of living at Versailles. If anything could

exceed Grey’s reluctance to leave his great house in Northumberland

for the excitements of Parliament, it was Fox’s reluctance to leave

his little house in Surrey. The taste for country pleasures and for

country sports was never lost, and its persistence explains the

physical vitality of the aristocracy. This was a social fact of great

importance, for it is health after all that wins half the battles of

classes. No quantity of Burgundy and Port could kill off a race that

was continually restoring its health by life in the open air; it did

not matter that Squire Western generally spent the night under the

table if he generally spent the day in the saddle. This inheritance of

an open-air life is probably the reason that in England, in contrast

to France and Italy, good looks are more often to be found in the

aristocracy than in other classes of society.

It was due to this physical vigour that the aristocracy, corrupt and

selfish though it was, never fell into the supreme vice of moral

decadence. The other European aristocracies crumbled at once before

Napoleon: the English aristocracy, amidst all its blunders and errors,

kept its character for endurance and fortitude. Throughout that long

struggle, when Napoleon was strewing Europe with his triumphs and, as

Sheridan said, making kings the sentinels of his power, England alone

never broke a treaty or made a surrender at his bidding. For ten years

Pitt seems the one fixed point among the rulers of Europe. It is not,

of course, to be argued that the ruling class showed more valour and

determination than any other class of Englishmen would have shown: the

empire-builders of the century, men of daring and enterprise on distant

frontiers, were not usually of the ruling class, and Dr. Johnson once

wrote an essay to explain why it was that the English common soldier

was the bravest of the common soldiers of the world. The comparison

is between the English aristocracy and the other champions of law and

order in the great ordeal of this war, and in that comparison the

English aristocracy stands out in conspicuous eminence in a Europe of

shifting and melting governments.

The politics of a small class of privileged persons enjoying an

undisputed power might easily have degenerated into a mere business of

money-making and nothing else. There is plenty of this atmosphere in

the eighteenth-century system: a study merely of the society memoirs

of the age is enough to dissipate the fine old illusion that men of

blood and breeding have a nice and fastidious sense about money. Just

the opposite is the truth. Aristocracies have had their virtues, but

the virtue of a magnificent disdain for money is not to be expected in

a class which has for generations taken it as a matter of course that

it should be maintained by the State. At no time in English history

have sordid motives been so conspicuous in politics as during the days

when power was most a monopoly of the aristocracy. No politicians

have sacrificed so much of their time, ability, and principles to the

pursuit of gain as the politicians of the age when poor men could only

squeeze into politics by twos or threes in a generation, when the

aristocracy put whole families into the House of Commons as a matter

of course, and Burke boasted that the House of Lords was wholly, and

the House of Commons was mainly, composed for the defence of hereditary

property.

But the politics of the eighteenth century are not a mere scramble

for place and power. An age which produced the two Pitts could not be

called an age of mere avarice. An age which produced Burke and Fox

and Grey could not be called an age of mere ambition. The politics of

this little class are illuminated by the great and generous behaviour

of individuals. If England was the only country where the ruling

class made a stand against Napoleon, England was the only country

where members of the ruling class were found to make a stand for the

ideas of the Revolution. Perhaps the proudest boast that the English

oligarchy can make is the boast that some of its members, nursed as

they had been in a soft and feathered world of luxury and privilege,

could look without dismay on what Burke called the strange, wild,

nameless, enthusiastic thing established in the centre of Europe. The

spectacle of Fox and Sheridan and Grey leading out their handful of

Liberals night after night against the Treason and Sedition Bills, at a

time when an avalanche of terror had overwhelmed the mind of England,

when Pitt, Burke, and Dundas thought no malice too poisoned, Gillray

and Rowlandson no deforming touch of the brush too brutal, when the

upper classes thought they were going to lose their property, and the

middle classes thought they were going to lose their religion, is one

of the sublime spectacles of history. This quality of fearlessness

in the defence of great causes is displayed in a fine succession

of characters and incidents; Chatham, whose courage in facing his

country’s dangers was not greater than his courage in blaming his

country’s crimes; Burke, with his elaborate rage playing round the

dazzling renown of a Rodney; Fox, whose voice sounds like thunder

coming over the mountains, hurled at the whole race of conquerors;

Holland, pleading almost alone for the abolition of capital punishment

for stealing before a bench of bishops; a man so little given to

revolutionary sympathies as Fitzwilliam, leaving his lord-lieutenancy

rather than condone the massacre of Peterloo. If moral courage is the

power of combating and defying an enveloping atmosphere of prejudice,

passion, and panic, a generation which was poor in most of the public

virtues was, at least, conspicuously rich in one. Foreign policy, the

treatment of Ireland, of India, of slaves, are beyond the scope of

this book, but in glancing at the class whose treatment of the English

poor has been the subject of our study, it is only just to record

that in other regions of thought and conduct they bequeathed a great

inheritance of moral and liberal ideas: a passion for justice between

peoples, a sense for national freedom, a great body of principle by

which to check, refine, and discipline the gross appetites of national

ambition. Those ideas were the ideas of a minority, but they were

expressed and defended with an eloquence and a power that have made

them an important and a glorious part of English history. In all this

development of liberal doctrine it is not fanciful to see the ennobling

influence of the Greek writers on whom every eighteenth-century

politician was bred and nourished.

Fox thought in the bad days of the war with the Revolution that his

own age resembled the age of Cicero, and that Parliamentary government

in England, undermined by the power of the Court, would disappear

like liberty in republican Rome. There is a strange letter in which,

condoling with Grey on his father’s becoming a peer, he remarks that

it matters the less because the House of Commons will soon cease to be

of any importance. This prediction was falsified, and England never

produced a Cæsar. There is, however, a real analogy in the social

history of the two periods. The English ruling class corresponds to

the Roman senatorial order, both classes claiming office on the same

ground of family title, a Cavendish being as inevitable as a Claudius,

and an Æmilius as a Gower. The _equites_ were the second rank of the

Roman social aristocracy, as the manufacturers or bankers were of the

English. A Roman _eques_ could pass into the senatorial order by

holding the quæstorship; an English manufacturer could pass into the

governing class by buying an estate. The English aristocracy, like the

Roman, looked a little doubtfully on new-comers, and even a Cicero or a

Canning might complain of the freezing welcome of the old nobles; but

it preferred to use rather than to exclude them.

In both societies the aristocracy regarded the poor in much the

same spirit, as a problem of discipline and order, and passed on to

posterity the same vague suggestion of squalor and turbulence. Thus

it comes that most people who think of the poor in the Roman Republic

think only of the great corn largesses; and most people who think of

the poor in eighteenth-century England think only of the great system

of relief from the rates. Mr. Warde Fowler has shown how hard it is to

find in the Roman writers any records of the poor. So it is with the

records of eighteenth-century England. In both societies the obscurity

which surrounded the poor in life has settled on their wrongs in

history. For one person who knows anything about so immense an event

as the disappearance of the old English village society, there are

a hundred who know everything about the fashionable scenes of high

politics and high play, that formed the exciting world of the upper

classes. The silence that shrouds these village revolutions was not

quite unbroken, but the cry that disturbed it is like a noise that

breaks for a moment on the night, and then dies away, only serving to

make the stillness deeper and more solemn. The _Deserted Village_ is

known wherever the English language is spoken, but Goldsmith’s critics

have been apt to treat it, as Dr. Johnson treated it, as a beautiful

piece of irrelevant pathos, and his picture of what was happening in

England has been admired as a picture of what was happening in his

discolouring dreams. Macaulay connected that picture with reality in

his ingenious theory, that England provided the village of the happy

and smiling opening, and Ireland the village of the sombre and tragical

end. One enclosure has been described in literature, and described by

a victim, John Clare, the Northamptonshire peasant, who drifted into

a madhouse through a life of want and trouble. Those who recall the

discussions of the time, and the assumption of the upper classes that

the only question that concerned the poor was the question whether

enclosure increased employment, will be struck by the genuine emotion

with which Clare dwells on the natural beauties of the village of

his childhood, and his attachment to his home and its memories. But

Clare’s day was brief and he has few readers.[489] In art the most

undistinguished features of the most undistinguished members of the

aristocracy dwell in the glowing colours of a Reynolds; the poor have

no heirlooms, and there was no Millet to preserve the sorrow and

despair of the homeless and dispossessed. So comfortably have the rich

soothed to sleep the sensibilities of history. These debonair lords who

smile at us from the family galleries do not grudge us our knowledge of

the escapades at Brooks’s or at White’s in which they sowed their wild

oats, but we fancy they are grateful for the poppy seeds of oblivion

that have been scattered over the secrets of their estates. Happy the

race that can so engage the world with its follies that it can secure

repose for its crimes.

De Quincey has compared the blotting out of a colony of Alexander’s in

the remote and unknown confines of civilisation, to the disappearance

of one of those starry bodies which, fixed in longitude and latitude

for generations, are one night observed to be missing by some wandering

telescope. ‘The agonies of a perishing world have been going on,

but all is bright and silent in the heavenly host.’ So is it with

the agonies of the poor. Wilberforce, in the midst of the scenes

described in this volume, could declare, ‘What blessings do we enjoy

in this happy country; I am reading ancient history, and the pictures

it exhibits of the vices and the miseries of men fill me with mixed

emotions of indignation, horror and gratitude.’ Amid the great distress

that followed Waterloo and peace, it was a commonplace of statesmen

like Castlereagh and Canning that England was the only happy country in

the world, and that so long as the monopoly of their little class was

left untouched, her happiness would survive. That class has left bright

and ample records of its life in literature, in art, in political

traditions, in the display of great orations and debates, in memories

of brilliant conversation and sparkling wit; it has left dim and meagre

records of the disinherited peasants that are the shadow of its wealth;

of the exiled labourers that are the shadow of its pleasures; of the

villages sinking in poverty and crime and shame that are the shadow of

its power and its pride.

FOOTNOTES:

[487] See a remarkable letter from Lord Dudley. ‘He has already been

enough on the Continent for any reasonable end, either of curiosity

or instruction, and his availing himself so immediately of this

opportunity to go to a foreign country again looks a little too much

like distaste for his own.’--Letters to Ivy from the first Earl of

Dudley, October 1808.

[488] See on this subject a very interesting article by Mr. L. March

Phillipps in the _Contemporary Review_, August 1911.

[489] Helpstone was enclosed by an Act of 1809. Clare was then sixteen

years old. His association with the old village life had been intimate,

for he had tended geese and sheep on the common, and he had learnt the

old country songs from the last village cowherd. His poem on Helpstone

was published in 1820.

APPENDIX A (1)

The information about Parliamentary Proceedings in Appendix A is taken

from the _Journals_ of the House of Commons or of the House of Lords

for the dates mentioned. The place where the Award is at present

enrolled is given, where possible, under the heading ‘Award.’ A

Return, asked for by Sir John Brunner, was printed February 15, 1904,

of Inclosure Awards, deposited with Clerks of the Peace or of County

Councils.

ARMLEY, LEEDS, YORKS.--ENCLOSURE ACT, 1793

AREA.--About 175 acres.

NATURE OF GROUND.--Waste Ground, called Armley Moor or Common.

PARLIAMENTARY PROCEEDINGS.--_February 21, 1793._--Petition for

enclosure from ‘several of the Owners of Lands within the Manor and

Township of Armley,’ stating that this parcel of waste ground is,

in its present state, incapable of improvement. Leave given, bill

presented March 15.

_March 28._--Petition against the bill from various owners and

proprietors of Messuages, Cottages, Lands and Tenements who ‘by virtue

thereof, or otherwise, have an indisputable Right of Common upon the

said Moor,’ stating that ‘they conceive that an Inclosure of the said

Moor and Waste Ground would be productive of no Advantage to any

of the Proprietors claiming a Right of Common thereon, but, on the

contrary, would very materially injure and prejudice their respective

Estates in the said Townships, by laying upon the said Township the

Burthen of making, maintaining, and repairing the necessary new Roads,

which must be set out to a considerable Extent over the said Moor and

Waste Ground, and also by increasing the Poors Rate, inasmuch as the

Petitioners conceive that the Inhabitants of the said Town of Armley,

who are very numerous, and principally poor Manufacturers of broad

Woollen Cloth, receive considerable Benefit and Advantage from the

present open State of the said Moor and Waste Ground, particularly in

having Tenters and Frames to stretch and dry their Cloth, Warps, and

Wool, after it has been dyed, put up and fixed upon the said Moor and

Waste Ground, which Privileges and Advantages have hitherto conduced to

alleviate the Distresses and Hardships of the said poor Manufacturers

in the said Township of Armley, and which, if the said Inclosure takes

Place, they will be totally deprived of and reduced to Poverty and

Want.’ The Petition was ordered to be heard on second reading.

_April 9._--Bill read a second time. House informed that Petitioners

declined to be heard on second reading. The Petition was referred to

the Committee.

_April 17._--(1) Petition against the bill from John Taylor, giving

same reasons as last petition. (2) Petition from various master

manufacturers of broad woollen cloth in Armley against the bill,

stating that, as the Moor only contains about 160 Acres, inclosure

which involves division ‘amongst so great a Number of Claimants in

small Allotments,’ and also ‘the heavy and unavoidable Expenses of

obtaining the Act, surveying, dividing, inclosing, and improving’

will confer little or no Benefit on the proprietors, whereas it will

certainly deprive the poor Manufacturers, who are very numerous, of (1)

the Privileges and Advantages of fixing their Tenters, etc., ‘which

they and their Ancestors have hitherto enjoyed’; and (2) ‘of that

Pasturage upon the said Common which they have hitherto much depended

upon.’ Both Petitions to be heard at Report stage; (3) Petition against

the bill from various owners and proprietors who ‘at the Instance of

several other Owners of Lands’ signed a petition for inclosure, ‘under

an Idea, that the Inclosure would meet with the Approbation of, and

be of general Utility to the Inhabitants of the said Town,’ but now

finding that this idea was mistaken, and that Inclosure would be of

general disadvantage, ask that their names should be erased, and that

if the bill is brought in, they should be heard against it. Petition

referred to Committee. Petitioners to be heard, ‘if they think fit’

(‘they’ ambiguous, might be Committee or Petitioners).

REPORT AND ENUMERATION OF CONSENTS.--_April 29._--Wilberforce reported

from the Committee; Standing Orders complied with, Committee had

considered the two petitions referred to them (apparently they had not

heard Counsel), and had found that the Allegations of the Bill were

true, and that the parties concerned had given their consent ‘(except

the Owners of Land of the Annual Value of £172, 8s. 2d. who refused to

sign the Bill; and also, except the Owners of Lands of the Annual Value

of £35, 15s. 9d., who declared themselves neuter; and that the Whole of

the Land entitled to Right of Common is of the Annual Value of £901,

12s. 1d.).’ There is nothing to suggest that the petitioners against

the bill were heard at this stage. The Bill passed Commons and Lords.

Royal Assent, June 3, 1793.

MAIN FEATURES OF ACT.--(Private, 33 George. III. c. 61.)

COMMISSIONERS.--One only. William Whitelock of Brotherton, Yorks,

Gentleman. He is also to act as surveyor. Vacancy to be filled, if

necessary, by ‘the major part in value’ of those interested in the

Common. An arbitrator is to be appointed by the Recorder of Leeds.

PAYMENT TO COMMISSIONER.--£1, 11s. 6d. for each working day. As

surveyor, his remuneration is to be settled by the Recorder of Leeds.

CLAIMS.--The Commissioner is to hear and to determine upon all claims,

but if any one is dissatisfied the matter can be referred to the

Arbitrator, whose decision is final. If the appeal is vexatious, the

Arbitrator can award costs against the appellant. The Arbitrator’s

decision is final except in respect of matters of Title which can still

be tried at law.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Provisions for Lord of the Manor._--(1) The equivalent in value of

one-sixteenth of the whole in lieu of his right in the soil.

(2) His other manorial rights to continue as before, including his

mineral rights, but he is forbidden to ‘enter into or damage any House,

Garden, or Pleasure Ground’ hereafter made on the Common, and if he

damages property he must pay for satisfaction either a yearly rent of

£3 an acre or part of an acre actually used and damaged, or else make

such compensation as shall be awarded by two indifferent persons, one

chosen by the Lord of the Manor, the other by the person who sustains

the damage. If these two cannot agree, they must choose an Umpire whose

decision is to be final.

(3) The Lord of the Manor is to have the use of a spring in the close

belonging to Samuel Blackburn.

_Provisions for Tithe Owners._--None.

_Provisions for the Poor._--(1) Allotment to Cottagers of 8-1/2 acres

in six or more distinct and separate places, as near as possible to the

Cottages on or adjoining the Common ‘which shall for ever hereafter

remain open and uninclosed, and shall be used and enjoyed by the

Occupiers of the several Cottages or Dwelling Houses now or hereafter

to be built within the said Township of Armley, for the setting up and

using of Tenters, Stretchers for Warp, Wool Hedges,’ etc., under the

direction of the Minister, Chapel Wardens, and Overseers. No buildings

are to be erected on this ground, and no rent paid for the use of it;

no roads or paths may be made through it, and no buildings erected

within 20 yards on the South or West.

(2) Allotment to the Poor.--2 acres, to be vested in the Minister,

Chapel Wardens, and Overseers, and used for a Poor House, School House,

and for the benefit of a School master. Until used for these purposes,

the rent and profits are to go towards the Poor Assessment.

_Allotment for Stone_ for roads, etc.--5 acres (for the making and

repairing of highways and private roads).

_Allotment of Residue._--To be divided out amongst the persons having

right of common according to their several rights and interests,

quantity, quality, and situation considered, provided ‘that in case

it shall be determined that the Owners of any Messuages or Cottages,

or Scites of Messuages and Cottages, are entitled to Right of Common

on the said Common or Waste Ground, then that the said Commissioner

... shall award and allot such Parcels of the Common and Waste Ground

to the Owners of such Messuages or Cottages, as have been erected for

Sixty Years and upwards, unless the same shall have been erected upon

the Scite of an ancient Messuage or Cottage, as to him ... shall appear

a fair Compensation for such Right,’ and in making this allotment he

is not to pay any regard to the value of these Messuages and Cottages

one to another, except with reference to the Quantity of land. If any

allottee is dissatisfied with his share, he can appeal for arbitration

to the Recorder of Leeds, whose decision is to be final, except in

cases where the question concerns any Right of Common claimed ‘for

or in respect of any ancient Houses or Scites of Houses, Lands or

Grounds,’ when there may be an appeal at law, if notice is given within

a specified time. Allotments must be accepted within 6 months after

award. Failure to accept excludes allottee from all benefits. (Saving

clause for infants, etc.).

INCROACHMENTS.--(1) Incroachments 60 years old and more to be treated

as old inclosures with right of common, except such Incroachments as

have been made by or for the Curate of Armley for the time being.

(2) Incroachments from 40 to 60 years old to remain with possessors

but not to confer any right of common. (3) Incroachments made within

40 years to be deemed part of the Common to be divided, but to be

allotted to present holders as part of their allotments. But if

they do not lie adjoining the incroacher’s ancient estates then the

Commissioner can allot them to anyone, giving ‘adequate Satisfaction

for any Improvement’ to the incroacher. The above does not apply to two

inclosures made by Stephen Todd, Esqr. and by Joseph Akeroyd which are

to be allotted to them respectively under their present indentures of

lease.

FENCING.--To be done by allottees under the Commissioner’s directions.

_Exception._--The allotment of 2 acres for the poor is to be fenced

and enclosed at the expense of the other proprietors. If allottees

refuse to fence, the Commissioner can do it for them and charge them,

ultimately distraining. To protect the young quickset, no sheep or

lambs are to be depastured in allotments for 7 years, unless special

fences are made, and no cattle, sheep or lambs are to graze in the

roads and ways for 10 years.

EXPENSES.--To be paid by the proprietors in such proportion as the

Commissioner decides. The Commissioner’s accounts are to be entered in

a book, and produced when 5 proprietors require it. To meet expenses,

allotments may be mortgaged in some cases, with consent of the

Commissioner, up to 60s. an acre.

COMPENSATION TO OCCUPIERS.--All leases, as regards right of common and

other rights on the waste ground for 21 years and under to be null

and void, the lessor making such satisfaction to the lessee as the

Commissioner thinks a fit equivalent.

ROADS.--Commissioners have full power to set out and stop up roads and

footpaths.

POWER OF APPEAL.--To Quarter Sessions only, and not in cases where

the Commissioner’s or Arbitrator’s decision is said to be final; or

where some other provision is made, _e.g._ to Recorder of Leeds about

allotments.

AWARD.--Not with Clerk of the Peace or of County Council or in Record

Office.

APPENDIX A (2)

ASHELWORTH, GLOUCESTER.--ENCLOSURE ACT, 1797

AREA.--Not given in Act. Commonable Land of every kind stated in

Petition (see below) as 310 Acres in all.

NATURE OF GROUND.--‘Open and Common Fields, Meadows, and Pastures,

Commonable and intermixed Lands, and a Tract of Waste Ground, being

Part and Parcel of a Common called Corse Lawn,[490] and also a Plot,

Piece, or Parcel of Land or Ground, on the Eastern Side of the said

Parish,[491] adjoining to, and lately Part of the Parish of Hasfield

... but now Part of the Parish of Ashelworth’.

PARLIAMENTARY PROCEEDINGS.--_February 21, 1797._--Petition for

enclosure from various owners of lands and estates. March 24, Bill read

first time.

_April 7, 1797._--Petition from various Landowners and Owners of Mease

Places, against the bill, stating ‘That there are only about 310 Acres

of Commonable Land belonging to Land Owners of the said Parish, of

which 148 Acres are Meadow Land, called the _Upper Ham_, lying in the

Manor of _Hasfield_, the Right of Common upon which belongs exclusively

to the Petitioners (and some others) as Owners of Fifty Five Mease

Places within the said Parish, and the Petitioners are the Owners of

Thirty-four of such Mease Places; and that the Remainder of the said

Commonable Land consists of a Common Meadow, called _Lonkergins Ham_,

containing about eight Acres (upon which Six Persons have a Right of

Common) and about 150 Acres of Waste Land, Part of a Tract of Land

called Corse Lawn, upon which Waste Land all the Land Owners of the

said Parish are entitled to a Right of Common; and that the several

Estates within the said Parish, lie very compact and convenient, and

many of such Estates are exempt from the Payment of Great Tithes;

and that of the Remainder of such Estates the Great Tithes (except a

Portion of which the Vicar was endowed) belong to Charles Hayward Esq.,

who is Lord of the Manor of Ashelworth, and Owner of an Estate in the

said Parish; and that there is no one Object in the Bill sufficient,

under the Circumstances of the Case, to justify the enormous Expences

which will attend the obtaining and carrying it into Execution,

but that, on the Contrary, it is fraught with great Evil, and will

be extremely injurious to the Petitioners,’ and asking that the

Petitioners may be permitted to examine Witnesses and to be heard by

their Counsel against the bill.

Petitioners to be heard on Second reading.

_April 10._--Second reading of bill. House informed that Petitioners

did not wish to be heard at that stage. Bill committed. Petitioners to

be heard when Bill reported if they think fit.

REPORT AND ENUMERATION OF CONSENTS.--_May 3, 1797._--Mr. Lygon reported

from the Committee that the Standing Orders were complied with; that

the allegations were true; and that the Parties concerned had consented

to the satisfaction of the Committee ‘(except the Owners of Property

assessed to the Land Tax at £11, 0s. 5d., and that the whole of the

Property is assessed at £86, 14s. 10d.) and that no Person appeared

before the Committee to oppose the Bill.’ (Nothing about hearing

Petitioners.) Bill passed both Houses with some amendments. In the

House of Lords an amendment was made about referring the quarrel

between the Vicar of Ashelworth and the Rector of Hasfield on the

subject of tithes to arbitration. Royal Assent, June 6, 1797.

MAIN FEATURES OF ACT.--(Private, 37 George III. c. 108.)

COMMISSIONERS.--Three appointed. Richard Richardson of Bath: Francis

Webb of Salisbury: Thomas Fulljames of Gloucester, Gentlemen. Two to be

a quorum. Surveyor to be appointed by Commissioners. Vacancies, both

Commissioners and Surveyors, to be filled up by remaining Commissioners

from persons not interested. If they fail to fill up, ‘the major part

in value’ of the Proprietors and Persons interested can do so.

PAYMENT TO COMMISSIONERS.--2 guineas each working day. Survey to be

made, unless the existing one seems satisfactory and correct.

SPECIAL CLAUSES.--It is enacted ‘That all Fields or Inclosures

containing the Property of Two or more Persons within One Fence, and

also all Inclosures containing the Property of One Person only, if

the same be held by or under different Tenures or Interests, shall be

considered as Commonable Land, and be divided and allotted accordingly.’

Also ‘all Homesteads, Gardens, Orchards, old Inclosures, and other

Lands and Grounds,’ shall, with the consent of their proprietors or

Trustees, ‘be deemed and considered to be open and uninclosed Land for

the Purpose of the Division and Allotment hereby intended,’ provided

that Charles Hayward has to get Bishop of Bristol’s consent.

CLAIMS.--All claims to be delivered in writing at first and second

Meeting, and no claim to be received after second Meeting, except for

some special cause allowed by Commissioners. Commissioners to hold

a subsequent meeting and give account in writing of what claims are

admitted and rejected.

Persons whose claims are rejected can bring an action on a feigned

issue against some other Proprietor. Verdict to be final and

conclusive. If Plaintiff wins, Commissioners pay costs; if Defendant

wins, Plaintiff pays. Action must be brought within a specified time (3

months).

_Exceptions._--(1) If the Commissioners disallow the claim of the Dean

and Chapter of Westminster to the Right of Soil in ‘A,’ then the Dean

and Chapter may bring an action within 12 months against the Bishop of

Bristol and Charles Hayward for ascertaining the rights of soil. Costs

to be paid by losers.

(2) If the Commissioners allow the above claim, then the Bishop of

Bristol or Charles Hayward can bring an action _mutatis mutandis_.

Also, If any dispute or difference arises between the Parties

interested in the inclosure ‘touching or concerning the respective

Shares, Rights, and Interests which they or any of them shall claim’

in the land to be inclosed, ‘or touching and concerning the respective

Shares and Proportions’ which they ought to have, the Commissioners

have power to examine and determine the same; their determination to be

‘final, binding and conclusive upon and to all Parties.’ Commissioners

can on request of person who wins his point assess costs on person who

loses it, and ultimately distrain on his goods.

_Exception._--Commissioners to have no jurisdiction about Titles.

Tithe owners are to send in their claims with all particulars.

Commissioners’ determination to be final ‘(if the Parties in Dispute

think proper and agree thereto)’; but not to affect power to try titles

at law.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Lord of the Manor._--(1) The Bishop of Bristol is Lord of the Manor of

Ashelworth (except ‘A’ and ‘B’), and Charles Hayward is his lessee. He

is to have such part as Commissioners judge full compensation, to be

‘not less than 1/15’ of the Waste Land to be inclosed.

(2) Dean and Chapter of Westminster and also the Bishop of Bristol

claim Right of Soil in ‘A,’ whichever establishes his claim to have not

less than 1/15 of ‘A.’

(3) John Parker Esq., is Lord of Manor of ‘B’: to have not less than

1/15 of ‘B’.

_Tithe Owners._--Allotment to be made from land about to be inclosed

for all tithes on all land (including present inclosures), as

follows:--

Not less in value than One Fifth of Arable Land. Not less in value than

One Ninth of Meadow or Pasture Ground, Homesteads, Gardens, Orchards

and Woodlands. Where Tithes only partially due, full equivalent to be

given.

The Vicar of Ashelworth and the Rector of Hasfield can have their

disputed rights to tithes of ‘B’ settled by Arbitration.

Owners of old inclosures who have not large enough allotments to pay

their due proportion of the tithe allotments, are to pay a lump sum of

money instead; _unless_ the Commissioners deem it convenient to allot

part of the old inclosures to the tithe owners instead; in which case

the land so set out is to ‘be deemed Part of the Lands to be divided,

allotted, and inclosed by virtue of this Act.’

Full equivalent to the Vicar for his Glebe Lands and their right of

Common.

_For Stone, Gravel_, etc.--From 2 to 3 acres; ‘to be used and enjoyed

in Common’ by proprietors and inhabitants, ‘for the Purpose only of

getting Stone, Gravel, or other Materials for making and repairing the

Roads and Ways within the said Parish.’ Herbage of above to be allotted

to whomsoever Commissioners direct, or for some general, parochial or

other use.

_To Proprietors of Cottages._--Every proprietor or owner of a cottage

and land of the annual value of £4 or under is to have from 1/2 acre to

2 acres ‘as they the said Commissioners shall think proper.’

_Allotment of Residue._--Amongst the various persons interested

according to their respective rights and interests. Allotments to be as

near homestead or old inclosure as conveniently may be. If two or more

persons with allotments of not more than 2 acres each want to have the

same laid together in order to avoid the expence of inclosing, they are

to give notice to the Commissioners, and the Commissioners are then

to put these allotments together ‘and in and by their Award to direct

how and in what manner such small Allotments shall be cultivated, and

in what Manner and Proportion, and with what Cattle the same shall be

stocked, depastured and fed, during the Time the same shall lie open to

each other,’ and if at any time the Major part of proprietors of the

small Allotments wish it, they are to be inclosed.

Award with full particulars of allotments and of orders and regulations

for putting Act in execution to be drawn up, and to be ‘binding and

conclusive upon and to all Persons, to all Intents and Purposes

whatsoever.’

Allotments to be of same tenure as property in virtue of which they are

given. Allotments must be accepted within 6 months; if allottee fails

to accept, the Commissioners can put in a salaried Bailiff or Receiver

to manage allotment till allottee accepts, when any surplus profits are

to be handed over to allottee. (Saving clause for infants, etc.).

FENCING.--To be done by respective allottees according to

Commissioners’ directions.

_Exceptions._--(1) In the case of allotments to Trustees for parochial

or charitable purposes, the Commissioners are to deduct a portion for

these allottees’ share of fencing and expenses. This deducted land

is to be divided amongst other proprietors. The Commissioners do the

fencing.

(2) Glebe and Tithe Allotments to be fenced by other proprietors, and

the fences to be kept in repair for 7 years at expense of persons named

by the Commissioners.

If an allottee fails to fence, his neighbour can complain to a J. P.

(not interested) and obtain an order to do it and charge expenses on

allottee, or else enter and receive rents.

If any allottee has an unfair share of fencing the Commissioners can

equalise matters. No sheep or lambs to be kept in any inclosure for 7

years, unless special fences are made. No sheep or lambs ever to be

kept in the roads.

EXPENSES.--Part of the Common or Waste Land to be sold to defray

expenses. If the money so raised is not sufficient, ‘the deficiency

shall be paid, borne, and defrayed’ by the various proprietors

(excluding the Tithe owners and the Lords of the Manor for their

respective allotments) in such proportion as the Commissioners direct.

Land may be mortgaged up to 40s. an acre.

Money advanced for Act to have 5 per cent. interest.

Commissioners must keep accounts, which must be open to inspection.

ROADS.--Commissioners to set out roads, ways and footpaths, all others

to be stopped up. But no turnpike road to be interfered with.

COMPENSATION.--Leases at rack-rent to be void; owners paying or

receiving such satisfaction as the Commissioners think right.

Compensation (under Commissioners’ direction) to be paid by new

allottee to former owner for timber, underwood, etc., or else former

owner can enter and cut down, unless Commissioners direct that trees

etc. are not to be cut.

ARRANGEMENTS BETWEEN ACT AND AWARD.--Commissioners to have full power

to direct the course of husbandry.

POWER OR APPEAL.--To Quarter Sessions only, and not in cases ‘where the

Orders, Directions and Determinations of the said Commissioners are

directed to be conclusive, binding and final.’

AWARD.--Date, August 24, 1798. With Clerk of Peace or of County

Council, Gloucester.

APPENDIX A (3)

CHESHUNT.--ENCLOSURE ACT, 1799

AREA.--2741 Acres.

NATURE OF GROUND.--Common Fields and common Lammas meadows about 1555

acres; A common called Cheshunt Common about 1186 acres.

PARLIAMENTARY PROCEEDINGS.--_February 23, 1799._--Petition for

enclosure from Sir George William Prescott Bt. (Lord of the Manor), the

Rev. Joseph Martin (Tithe owner), Oliver Cromwell, William Tatnall and

others. Leave given. Bill read twice; committed April 25.

_May 7, 1799._--Petition against the bill from various proprietors of

Lands and Common Rights setting forth ‘That a very great Proportion

of such Open Fields and Commonable Lands are of so bad a Quality, as

to be incapable of any Improvement equivalent to the Expenses of the

Inclosure; and that the said Commons in their present State, are well

fitted for the breeding of Sheep and Support of lean Stock, and that

many of the Inhabitants of the said Parish, who, by reason of their

Residence and Occupation of small Tenements, have Rights of Common,

are enabled, by the lawful Enjoyment of such Common Rights, to support

themselves and their Families; but, as almost all the said Commons lie

at the extreme Edge of the Parish, and are subject to very numerous

and extensive Common Rights, any Allotments of the said Commons to

the lesser Commoners must be too small, and too distant from their

Habitations, to be of any substantial Use to them, which Inconveniences

are now prevented by the Use of general Herdsmen; and that the

Inclosure of the said Open Fields and other Commonable Lands would be,

in many other Respects highly injurious to the Rights and Interests of

the Petitioners.’ Petitioners to be heard before the Committee. All to

have voices.

REPORT AND ENUMERATION OF CONSENTS.--_May 24._--Mr. Baker reported

from the Committee that they had heard Counsel for the Petitioners;

that the allegations were true; that the Parties concerned had given

their consent to the bill, and also to the changing of one of the

Commissioners named therein ‘(except the Proprietors of 314 Acres

and 19 Perches of Land, who refused to sign the Bill; and also, the

Proprietors of 408 Acres, 3 Roods and 22 Perches who were neuter;

and that the whole Property belonging to Persons interested in the

Inclosure consists of 6930 Acres, or thereabouts).’

Bill passed both Houses. June 13, Royal Assent.

MAIN FEATURES OF ACT.--(Private, 39 George III. c. 75.)

COMMISSIONERS.--Three appointed.

(1) John Foakes of Gray’s Inn, Gentleman representing the Lord of the

Manor.

(2) Richard Davis of Lewknor, Oxford, Gentleman representing the

Impropriator of the Great Tithes.

(3) Daniel Mumford, of Greville St., Hatton Gardens, Gentleman,

representing the other Proprietors of Estates with Right of Common or a

major part in value. Two to be a quorum. Vacancies to be filled up by

the parties represented from persons not interested in the enclosure.

Surveyor appointed, Henry Craster of Cheshunt.

PAYMENT.--Commissioners, Surveyor, and Clerk or Agent to Commissioners

each to have 2 guineas a day for each working day.

CLAIMS.--All claims with particulars of tenure, etc., to be handed in

at specified times; claimants must give such particulars ‘as shall be

necessary to describe such Claims with as much Precision as they can.’

No claim to be received afterwards, unless for some special cause.

Commissioners’ determination on claims to be final and conclusive, if

no objection is made. If objection is made, the objector can (1) try

the matter at law on a feigned issue; or (2) submit the question to 2

arbitrators, the claimant naming one arbitrator, the objector naming

the other. If the arbitrators disagree, they can name an umpire, whose

decision is final and conclusive. Commissioners can award costs.

Commissioners to have no jurisdiction over matters of title which can

be tried at law.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_To Lords of the Manor._--(7 of them.)

(1) Sir G. W. Prescott of Cheshunt.

(2) Rev. J. Martin of the Manors of the Rectory of Cheshunt.

(3) Anne Shaw, widow, of the Manors of Andrews and Le Mott.

(4) Francis Morland of the Manors of Theobalds, Tongs, Clays, Clarks,

Dareys, Cross-Brookes, and Cullens.

(5) Robert William Sax, and

(6) Mary Jane Sax, and

(7) Joseph Jackson, of the Manors of Beaumont and Perriers.

So much ‘as shall in the Judgment of the said Commissioners be an

adequate Compensation and Satisfaction’ for their Rights and Interests.

_Tithe Owners._--One-fifth of arable or tillage, and one-ninth of the

other land to be divided which is subject to tithes.

Above to be divided between Impropriator of Great Tithes and Vicar.

For Glebe Lands, a full equivalent. If any owner of old inclosed land

who has no land in the common fields, but possesses a Right of Common

over Cheshunt Common, wishes it, part of his allotment can (with the

tithe owner’s consent) be set aside and given to the tithe owners, and

his Land will be free of tithes for ever.

_For Stone and Gravel_, etc.--2 Acres, to be used in common by

proprietors and tenants, for their own use and also for the roads.

_For Cottagers._--An allotment of 100 Acres, exclusive of Roads, to

be vested in the Lord of the Manor, the Vicar, Churchwardens, and

Overseers, ‘for the Use of the Occupiers of Houses or Cottages within

the said Parish already having Right of Common, without more than

One Rood of Land belonging to and used with the same as a Garden or

Orchard, the Yearly Rent of which, at the Time of passing this Act,

shall not exceed Six Pounds, without paying any thing for such Use.’

The number of the Houses with their rents and the number of cattle are

to be described in the Award. No one else is to send cattle on to the

100 acres.

These cottagers are also to have the herbage of the 2-acre allotment

for stone and gravel.

_Allotment of Residue._--Amongst the various persons interested in

proportion to their various rights and interests, Quantity, Quality,

and Situation considered.

Small allotments may, on application of allottees, if Commissioners

think proper, be laid together, and enjoyed in common under

Commissioners’ direction.

Each Copyholder of all the Manors is to have a separate and distinct

allotment. If any allottee is dissatisfied with his allotment, he can

send in a complaint to the Commissioners, who are to hear and determine

the matter; their determination is to be final and conclusive.

The Award is to be final and conclusive. If any allottee fails to

accept his allotment, or molests another in accepting, he is to be

‘divested of all Right, Estate, and Interest whatsoever’ in the Lands

to be divided.

The tenure of the allotment to be that of the estate in virtue of which

it is given.

INCROACHMENTS.--Not mentioned.

FENCING.--Not specifically mentioned, but from clauses _re_ tithe

owners, etc., must be done at allottee’s expense.

Beasts, cattle, etc., not to be depastured on the new allotments for 7

years unless special fences made, or a proper person sent to look after

cattle.

Tithe owners’ allotments to be fenced, and fencing kept in repair for 7

years by the other proprietors.

The 100-acre allotment for cottagers to be fenced at the expense of the

owners of the residue of the common. Mortgage up to £2 an acre allowed

for expense of fencing.

EXPENSES.--To be borne by all owners and proprietors (except the Rector

and the Vicar, in regard to their Glebe and Tythe Allotments) in

proportion to their shares, at an equal pound rate to be fixed by the

Commissioners. If allottees fail to pay, Commissioners can distrain or

enter and receive rents, etc.

Commissioners must keep accounts which must be open to inspection. If

they receive more money than is needed, the surplus is to go to the

Poor Rates.

COMPENSATION.--All rack-rent leases to be void, the owners giving the

tenants ‘reasonable Satisfaction’; but where it seems more equitable to

the Commissioners, the allotment can be held by the tenant during his

lease at a rent to the owner fixed by the Commissioners.

Satisfaction for crops and for ploughing, manuring and tilling to be

given by new allottee.

ARRANGEMENTS BETWEEN ACT AND AWARD.--Commissioners to have full power

to direct the course of husbandry.

ROADS.--Commissioners to have full power to set out and to stop up

roads and footpaths (except that they are not to make them over

‘Gardens, Orchards, Plantations, and other Private Grounds’), and if

ancient footways or paths are stopped up, the owners of old inclosed

land, for whose accommodation it is done, are to pay something towards

the general expenses of the act.

POWER OF APPEAL.--To Quarter Sessions only, and not when Commissioners’

or others’ determination is said to be final and conclusive.

AWARD.--Enrolled at Westminster, February 27, 1806. Record Office.

MAIN FEATURES OF AWARD:--

Whole area divided out including roads, some old

inclosures and homesteads given up to be _a._ _r._ _p._

allotted, 2,667 2 33

------------

Tithe owners in various allotments including 106

acres for exonerating old inclosures, and 1-3/4 _a._ _r._ _p._

acre for Vicar’s Glebe and Right of Common, 474 1 13

The Lord of the Manor (Sir G. B. Prescott) and

the trustees of the late Lord of the Manor,

including 38-3/4 acres or 1/18 for manorial rights, 438 0 24

Mrs. Anne Shaw, 376 2 7

Oliver Cromwell, Esq., 107 3 29

Occupiers of Cottages, 100 0 0

Gravel Pits, 1 3 13

The remainder (excluding roads) is allotted amongst 213 allottees:--

From 50-100 acres 4 }

From 30-50 acres 3 } Above 10 acres 23

From 10-30 acres 16 }

From 1-10 acres 141

From 1/2-1 acre 37 }

From 1/4-1/2 acre 8 } Below 1 acre 49

Below 1/4 acre 4 }

---

213

---

The Award shows that there must have been 86 owners of the 1555 acres

of Open Fields and Lammas Meadows as 86 allottees receive allotments in

lieu of land. Of these 86, 63 receive allotments of under 10 acres in

lieu of their land. (13 from 5-10 acres, 37 from 1-5 acres, 13 below 1

acre.)

AMENDING ACT _re_ the 100 Acres Allotment, 1813.

PARLIAMENTARY PROCEEDINGS.--_November 6, 1813._--Petition from the Lord

of the Manor, the Vicar, Churchwardens and Overseers for amending Act.

REPORT AND ENUMERATION OF CONSENTS.--_November 20, 1813._--Reported

that the parties concerned had consented except 9 Persons with right of

common who refused, and 3 who were neuter; the total number of persons

having right of common being 183.

MAIN FEATURES OF AMENDING ACT.--(Local and Personal, 54 George III. c.

2.)

NEW ARRANGEMENTS RESPECTING 100-ACRE ALLOTMENT.--The Commissioners had

set out the 100 Acres for the use of certain occupiers, who were to

be entitled to turn out on May 12 till February 2 either 1 Horse or 2

Cows or other Neat Cattle, or 7 Sheep; ‘And whereas, partly owing to

the great Extent of the said Parish of Cheshunt, and to the Distance

at which the greater Part of the Cottages or Houses, mentioned in

the Schedule to the said Award, are situated from the said Plot or

Allotment of One hundred Acres, and partly to the Inability of most

of the Occupiers of such Cottages or Houses to maintain or keep any

Horses, Cows, or other Neat Cattle or Sheep, the Persons for whose

Benefit and Advantage such Plot or Allotment of Land was intended,

derive little if any Advantage therefrom; but the Herbage of such Plot

or Allotment of Land is consumed by the Cattle of Persons having no

Right to depasture the same’; it is enacted that the Trustees are to

have power to let out the 100 Acres to one or more tenants for not more

than 21 years, ‘at the best and most improved yearly Rent or Rents

that can at the Time be reasonably had and obtained for the same. The

proceeds of the rents (when expenses are paid, see below) are to be

divided among the occupiers of the houses and cottages mentioned in the

Schedule.

EXPENSES.--The Allotment is to be mortgaged up to £500 for the expenses.

To repay the mortgage £50 is to be set aside from the rents yearly.

Interest at 5% on the sum borrowed is to be paid from the rents.

APPENDIX A (4)

CROYDON, SURREY.--ENCLOSURE ACT, 1797

AREA.--2950 acres.

NATURE OF GROUND.--Open and Common Fields, about 750 acres, Commons,

Marshes, Heaths, Wastes and Commonable Woods, Lands, and Grounds about

2200 acres.

PARLIAMENTARY PROCEEDINGS.--_November 7, 1796._--Petition for enclosure

from Hon. Richard Walpole, John Cator, Esq., Richard Carew, Esq., John

Brickwood, Esq., and others. Leave given; bill presented May 8, 1797;

read twice and committed.

_May 18, 1797._--(1) Petition against the bill from Richard Davis and

others, as prejudicial to their rights and interests; (2) Petition

against it from James Trecothick, Esq. Both petitions to be heard

before Committee. May 26, Petition against the bill from Richard Davis

and others stating ‘that the said Bill goes to deprive the Inhabitants

of the said Parish and the Poor thereof in particular, of certain

ancient Rights and Immunities granted to them (as they have been

informed) by some, or one, of the Predecessors of His present Majesty,

and that the said Bill seems calculated to answer the Ends of certain

Individuals.’

Petitioners to be heard when the Bill was reported.

_June 7._--Petition of various inhabitants of Croydon against the bill;

similar to last petition. To be heard when Bill reported.

REPORT AND ENUMERATION OF CONSENTS.--_June 19._--Lord William Russell

reported from the Committee, standing orders complied with, that the

Petitions had been considered, allegations true; parties concerned had

given their consent to the satisfaction of the Committee, ‘(except the

Owners of 230 Acres 2 Roods and 25 Perches of Inclosed Land, and 67

Acres 1 Rood and 31 Perches of Common Field Land, who refused to sign

the Bill; and also the Owners of 225 Acres 1 Rood and 34 Perches of

Inclosed Land, and 7 Acres 3 Roods and 5 Perches of Common Field Land,

who, on being applied to, returned no Answer; and that the Whole of the

Land consists of 6316 Acres and 37 Perches of Inclosed Land, and 733

Acres 1 Rood and 39 Perches of Common Field Land, or thereabouts)....’

The same day (June 19) petition from various Freeholders, Copyholders,

Leaseholders and Inhabitant Householders of Croydon stating that the

promoters of the bill have named Commissioners without consulting the

persons interested ‘at an open and public meeting,’ and that since

the Archbishop of Canterbury as Lord of the Soil of the Wastes has

named one Commissioner (James Iles of Steyning, Gentleman) the other

two Commissioners ought, ‘in common Justice and Impartiality’ to be

nominated by the proprietors of lands and the Parish at large; and as

they understand that the Tithe owners and other Proprietors wish John

Foakes, named in the bill, to remain a Commissioner, asking leave

to nominate as the third Thomas Penfold of Croydon, Gentleman. Lord

William Russell proposed to recommit the bill in order to consider this

petition, but obtained only 5 votes for his motion against 51.

The Bill passed Commons.

In the Lords a Petition was read July 4, 1797, against the Bill from

the Freeholders, Copyholders, Leaseholders and Inhabitant-Freeholders

of Croydon, praying their Lordships, ‘To take their Case into their

most serious Consideration.’ Petition referred to Committee.

_July 10, 1797._--Bill passed Lords in a House of 4 Peers. (Bishop of

Bristol, Lords Walsingham, Kenyon, and Stewart of Garlies.)

[3 of these had been members of the Committee of 6 to whom the Bill was

committed.]

Royal Assent, July 19.

MAIN FEATURES OF ACT.--(Private, 37 George III. c. 144.)

COMMISSIONERS.--Three appointed. (1) James Iles of Steyning, Sussex;

(2) John Foakes of Gray’s Inn; (3) Thomas Crawter of Cobham, Gentlemen.

The first represents the Archbishop of Canterbury, Lord of the Manor

of Croydon, the other two represent the proprietors of estates with

right of common (the Archbishop excluded) ‘or the major part in value’

(such value to be collected from the rentals in land tax assessments).

Vacancies to be filled up by the parties represented. New Commissioners

not to be interested in the inclosure. Two Surveyors appointed by name:

vacancies to be filled up by Commissioners.

PAYMENT TO COMMISSIONERS.--2 guineas a day. Surveyors to be paid what

the Commissioners think ‘just and reasonable.’

CLAIMS.--To be delivered in at the meeting or meetings advertised for

the purpose. None to be received after, except for some special cause.

Claimants must send in claims ‘in Writing under their Hands, or the

Hands of their Agents, distinguishing in such Claims the Tenure of the

Estates in respect whereof such Claims are made, and stating therein

such further Particulars as shall be necessary to describe such Claims

with Precision.’ The Commissioners are to hold a meeting to hear and

determine about claims, and if no objections are raised, then their

determination is final and conclusive. If objections are raised, then

any one person whose claim is disallowed, or any three persons who

object to the allowance of some one else’s claim, can proceed to trial

at the Assizes on a feigned issue. The verdict of the trial is to be

final. Due notice of trial must be given and the allotment suspended.

The Commissioners cannot determine on questions of title which may

still be tried at law.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Provisions for Lord of the Manor._--The Archbishop of Canterbury is

Lord of the Manor of Croydon and also of Waddon, and there are six

other Lords whose manors lie either wholly or partly within the parish,

_i.e._ (1) Robert Harris, Esq., of Bermondsey; (2) Richard Carew,

Esq., of Norbury; (3) John Cator, Esq., of Bensham; (4) William Parker

Hamond, Esq., of Haling; (5) James Trecothick, Esq., of Addington,

otherwise Temple, who also claims for Bardolph and Bures. (6) The

Warden and Poor of the Hospital of Holy Trinity (Whitgift Foundation)

of Croham. Each of these 7 Lords is to have one-eighteenth of the

Commons and Wastes lying within his Manor. But whereas James Trecothick

claims some quit-rents in the Manor of Croydon, if he makes good his

claim to the Commissioners, then the Archbishop’s eighteenth is to be

divided between James Trecothick and the Archbishop, and this is to

be taken by James Trecothick as his whole share as Lord of a Manor.

The Archbishop can also have part of Norwood Common in lieu of his due

share of Norwood woodlands.

Manorial rights, save Right of Soil, continue as before.

Compensation for the timber in Norwood Woodlands is to be fixed by the

Commissioners and paid by the allottees to the Archbishop.

_Provision for Tithe Owners._--For Rectorial Tithes, such parcel or

parcels as Commissioners judge to be full equivalent.

Whereas the Archbishop claims that Norwood Woodlands (295 acres)

are exempt from all tithes, this claim is to be determined by the

Commissioners or at law, and if not found good, another parcel to be

set out as full equivalent.

But the tithe allotments in all are not to equal in value more than

one-ninths of the Commons, marshes etc.

For Vicar’s tithes over Norwood Common, an equivalent parcel of land.

_Provisions for the Poor._--If the inhabitants of Croydon prove their

claim to Rights of Common on Norwood Common, and in Norwood Commonable

Woods to the satisfaction of the Commissioners, or before a Court (if

it is tried at law) then the Commissioners are to set out from the

Commons, Wastes, etc., as much land as they judge to be equivalent to

such right, ‘having particular Regard to the Accommodation of Houses

and Cottages contiguous to the said Commons, etc.,’ and this land is

to remain common, for the use of the inhabitants of Croydon, subject

to the right of getting gravel from it. Suppose, however, that the

inhabitants’ claim is not allowed, or if allowed does not equal 215

acres of common in value: even then the Commissioners are to set out

215 acres for the above purpose. These 215 acres are to be vested in

the Vicar, Churchwardens, Overseers, and 6 Inhabitants chosen at a

Vestry meeting. These trustees can inclose as much as a seventh part

and let it on lease for 21 years. They are to manage the common with

regard to stint, etc., and to dispose of rents.

_Allotment of Residue._--The open common fields, commons, marshes,

etc., to be divided amongst the several persons ‘according to their

respective Rights and Interests,’ due regard being paid to Quality,

Quantity, and Situation, and the allotments being placed as near the

Homesteads, etc., as is consistent with general convenience.

All houses erected 20 years and more before the Act, and the Sites of

all such houses to be considered as ancient messuages entitled to right

of common, with the exception of houses built on encroachments, the

owners of which are to have whatever allotment the Commissioners think

fair and reasonable.

The Commissioners are to give notice of a place where a schedule

of allotments can be inspected and of a meeting where objections

can be heard. The Commissioners are to hear complaints, but their

determination is to be binding and conclusive on all parties.

When the award is drawn up ‘the said Allotments, Partitions, Divisions,

and Exchanges, and all Orders, and Directions, Penalties, Impositions,

Regulations and Determinations so to be made as aforesaid, in and by

such Award or Instrument, shall be, and are hereby declared to be

final, binding and conclusive unto and upon all Persons interested in

the said Division and Inclosure.’ Persons who refuse to accept within

an appointed time, or who molest others who accept, are ‘divested of

all Right of Possession, Right of Pasturage and Common, and all other

Right, Estate and Interest whatsoever in the allotments.’ Allotments

are to be of the same tenure as the estates in right of which they are

given. Copyhold allotments in the Manors of Croydon and Waddon can be

enfranchised by the Commissioners at the request of the allottees, a

part of such allotments being deducted and given to the Archbishop for

compensation. Allotments may be laid together if the different owners

wish it.

INCROACHMENTS.--Those made within 6 months not to count. Those of 20

years old and over to remain with present possessor, but not to confer

right to an allotment.

Encroachments under 20 years old, (1) if the encroacher has a right to

an allotment, then it shall be given to him as whole or part of that

allotment (not reckoning the value of buildings and improvements);

(2) if the allotment to which he has a right is unequal in value to

the encroachment, or if he has no right to an allotment, he can pay

the surplus or the whole price at the rate of £10 an acre; (3) if the

encroacher cannot or will not purchase, the Commissioners are to allot

him his encroachment for which he is to pay rent at the rate of 12s.

an acre a year for ever, such rent being apportioned to whomever the

Commissioners direct as part of their allotment.

Provisions are also made for giving encroachers allotments elsewhere

instead, in certain cases.

FENCING.--To be done by allottees. If the proportion of fencing to

be done by any allottee is unfair, the Commissioners have power to

equalise it. _Exception._--(1) The allotment to Rector for Tithes which

is to be fenced at the expense of or by the person or persons whom the

Commissioners appoint; (2) The allotments belonging to certain estates

leased out at reserved rents by the Archbishop and by Trinity Hospital

for 21 years, are to be fenced by the lessees; to compensate lessees

new leases are to be allowed; (3) Allotments to Charity Estates (except

Trinity Hospital) are to have a part deducted from them and be fenced

by the Commissioners. If any proprietor refuses to fence, his neighbour

can, on complaint to a J.P., obtain an order or an authorisation to

enter, do the fencing, and take the rents till it is paid for.

Guard fences to protect the quickset are allowed.

_Penalty for damaging fences_ from 40s. to £10. The owner of the

damaged fence may give evidence. Half the penalty goes to the informer

and half to the owner. But if the owner informs, the whole penalty goes

to the Overseer.

Estates may be mortgaged up to 40s. an acre to meet expenses of

fencing. Roads are not to be depastured for 10 years.

EXPENSES.--To meet all expenses (including the lawsuits on feigned

issues) part of the Commons, Wastes, etc., are to be sold by public

auction. Private sales are also authorised, but no one person may buy

privately more than 2 acres; except that if James Trecothick, Esq., so

wishes, the Commissioners are to sell him by private contract part of

Addington Hills at what they judge a fair and reasonable price.

Any surplus is to be paid to the Highways or Poor Rates within 6 months

after award. Commissioners are to keep Accounts, which must be open to

Inspection.

Common Rights and Interests may be sold before the execution of the

award by allottees except the Archbishop, the Vicar, Trinity Hospital,

and Trustees for Charitable purposes.

COMPENSATION TO OCCUPIERS.--In the case of leases at rack-rent the

Commissioners are to set out the allotment to the owner, but the owner

is to pay fair compensation to the tenant for loss of right of common,

either by lowering his rent or by paying him a gross sum of money as

the Commissioners direct. _Exception._--If the Commissioners think it a

more equitable course they may allot the allotment to the tenant during

his lease, and settle what extra rent he shall pay in respect of the

owner’s expense in fencing, etc.

Satisfaction for crops, ploughing, tilling, manuring, etc. is to be

given in cases where the ground is allotted to a new possessor.

ROADS.--Commissioners have power to set out and shut up roads (turnpike

roads excluded), footpaths, etc., but if they shut up a footpath

through old inclosed land, the person for whose benefit it is shut is

to pay such compensation as the Commissioners decide, the money going

towards the Expenses of the Act.

POWER OF APPEAL.--To Quarter Sessions only, and not in cases, _e.g._

claims and allotment, where the Commissioners’ decisions are final and

conclusive or a provision for trial at law is made.

ARRANGEMENTS BETWEEN ACT AND AWARD.--As soon as the Act is passed the

Commissioners are to have sole direction of the course of husbandry.

Exception.--They are not to interfere with Thomas Wood and Peter Wood,

Gentlemen, in their cultivation of such parts of the common fields of

Waddon as are leased to them by the Archbishop. (Four years of the

lease are still to run.)

AWARD.--Date, March 2, 1801. Clerk of Peace or of County Council,

Surrey.

AMENDING ACT, 1803.--(Private, 43 George III. c. 53.)

Passed in response to a petition (February 16, 1803) from the Vicar,

Churchwardens, Overseers, and other inhabitants of Croydon, stating

that whereas the Commissioners have set out 237 acres 2 roods for the

inhabitants of Croydon, instead of 215 acres, doubts have arisen as to

whether this land is vested in trustees as was directed to be done with

the 215 acres.

MAIN FEATURES.--The 237 acres 2 roods to be treated as the 215 acres.

Land up to 5 acres to be sold to defray cost of this new Act; any

surplus to go to Use and Benefit of Poor, any deficit to be made up by

rents or sale of gravel.

NOTE ON RESULTS.--Third Report of Select Committee on Emigration,

1826-7, p. 369. Dr. Benjamin Wills stated that as the result of the

loss of common rights suffered under the Bill, he had seen some 900

persons summoned for the Poor Rate. ‘By the destruction of the common

rights, and giving no remuneration to the poor man, a gentleman has

taken an immense tract of it and converted it into a park: a person in

the middling walk of life has bought an acre or two; and though this

common in its original state was not so valuable as it has been made,

yet the poor man should have been consulted in it; and the good that it

was originally to him was of such a nature that, destroying that, has

had an immense effect.’

APPENDIX A (5)

HAUTE HUNTRE, LINCS.--ENCLOSURE ACT, 1767

AREA.--22,000 Acres ‘more or less.’

NATURE OF GROUND.--Haute Huntre, Eight Hundred or Holland Fen and other

commonable places adjacent.

Owners and Proprietors of Houses and Toftsteads in the following 11

Parishes or Townships have Right of Common:--Boston West, Skirbeck

Quarter, Wyberton, Frampton, Kirton, Algarkirke, Fosdyke, Sutterton,

Wigtoft, Swineshead, and Brothertoft; and also in a place called Dog

Dyke in the Parish of Billinghay.

PARLIAMENTARY PROCEEDINGS.--_December 4, 1766._--Petition for enclosure

from various owners and proprietors with right of common, asking that

the fen shall be divided up into specific allotments for each Town.

Leave given. Bill read first time, December 9.

_March 4, 1767._--Long petition against the bill from (1) the Master,

Fellows and Scholars of Trinity College, Cambridge, which College

is Impropriator of the Great Tythes, and Patron of the Vicarage of

Swineshead, (2) the Rev. John Shaw, Patron and Rector of Wyberton, (3)

Zachary Chambers, Esq., Lord of the Manor of Swineshead, and others.

The petition gave a history of the movement for enclosure. On August

26, 1766, a meeting of several gentlemen and others was held at the

Angel Inn, Sleaford, at which a resolution was passed that a Plan or

Survey of the fen with a return of the Houses etc., with Right of

Common should be made before a bill was brought in. On October 16,

1766, a public meeting of several proprietors was held at Sleaford at

which some of those present proposed to read a bill for dividing and

inclosing the fen; the great majority however of those present objected

to this course, and requested and insisted that as no Survey had been

produced, nothing further should be done till the following spring,

‘but notwithstanding the said Request, some few of the said Proprietors

then present proposed that a Petition for the said Bill might then be

signed; which Proposition being rejected by a considerable Majority,

the said few Proprietors declared their Resolution to sign such a

Petition, as soon as their then Meeting was broke up, without any

Resolutions being concluded upon, or the Sentiments of the Majority of

the Proprietors either entered down or paid any Regard to, and without

making any Adjournment of the said Meeting; and that, soon after the

said Meeting broke up, some of the Proprietors present at the said

Meeting signed the Petition, in consequence of which the said Bill hath

been brought in.’ The petitioners also pointed out that the petition

for enclosure was signed by very few proprietors except those in Boston

West, and requested that no further measures should be taken till next

session, and that meanwhile the Survey in question should be made, and

suggested that the present bill was in many respects exceptionable, and

asked to be heard by Counsel against the bill as it now stood. Petition

to lie on table till second reading.

_March 6, 1767._--Bill read second time and committed. Petition

referred to Committee.

_March 21._--Petition against the bill from Sir Charles Frederick,

Knight of the Bath, sole owner of Brothertoft, where there are 51

Cottages or Toftsteads with right of common. Referred to Committee.

_March 27._--Petition against the bill from Sir Gilbert Heathcote,

Bart. and others; bill injurious to interests. Referred to Committee.

REPORT AND ENUMERATION OF CONSENTS.--_April 29, 1767._--Lord Brownlow

Bertie reported from the Committee; Committee had heard Counsel in

favour of the first petition and considered the other two; that the

Allegations of the Bill were true; and that the Parties concerned had

given their consent to the Bill to the satisfaction of the Committee

‘(except 94 Persons with Right of Common and Property of the Annual

Value of £3177, 2s. 6d. who refused, and except 53 Persons with Right

of Common and Property of the Annual Value of £694, 10s. who could not

be found, and except 40 Persons with Right of Common and Property of

the Annual Value of £1310, 0s. 6d. who declared they were indifferent,

and that the whole Number of Persons with Right of Common is 614, and

the whole Property of the Annual Value of £23,347, 8s.).’ Several

amendments were made in the Bill and it was sent up to the Lords.

In the Lords, petitions against it were received from Sir Gilbert

Heathcote (May 7) and Samuel Reynardson, Esq. (May 14), both of which

were referred to the Committee. Several amendments were made, including

the insertion of a clause giving the Proprietors or Occupiers the same

right of common over the Parish allotment as they already had over the

whole. Royal Assent, June 29, 1767.

MAIN FEATURES OF ACT.--(Private, 7 George III. c. 112.)

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.

_Tithe Owners._--Not mentioned.

_Allotment of Residue._--After part has been sold for expenses (see

below) and after allotment to the Lords of the Manor, the residue is

to be divided amongst the eleven townships and Dog Dyke in proportion

and according to the number of Houses and Toftsteads in each parish.

For Brothertoft and Dog Dyke there are special arrangements; in

the ten remaining townships or parishes, the following method is

to be pursued:--For each House or Tenement there must be 4 acres,

and for each Toftstead 2 acres allowed; when this proportion has

been set out, the remainder is to be shared out in proportion to

the Dyke-reeve assessments before the passing of a recent drainage

Act. Quantity, Quality, and Situation are to be considered. _Special

provision._--Boston West is to have the same proportion of fen as

Frampton.

The share that each of the above ten townships receives is to be the

common fen belonging to the township or parish, subject to the same

common rights as the present fen, and is to be contiguous to the

township.

_Brothertoft and Dog Dyke allotments._--The allotment for Brothertoft

is to be half as many acres as are allotted to Boston West, and is to

go to Sir Charles Frederick, sole owner and proprietor, and to be near

Brothertoft.

The Allotment to Dog Dyke is to be calculated in reference to the share

that Brothertoft receives. Each House or Toftstead in Dog Dyke is to

have 2/3 of the proportion that each House or Toftstead in Brothertoft

is assigned. The Dog Dyke Allotment is to go to Earl Fitzwilliam, the

sole owner, and is to be near the Earl’s gardens.

If any half-year lands, and other inclosed lands, directed to be sold

(see Expenses) remain unsold, these are to be sold and the leases are

to be allotted to the parishes in such proportions as the Commissioners

direct.

An award is to be drawn up and its provisions are binding and

conclusive.

FENCING.--Each township’s share is to be divided by an 8-feet wide

ditch and a quick hedge, and guarded with a fence and rail 4-1/2 feet

high, with double bars of fir or deal and with oak posts; the fence

and the rail are to be nailed or mortified together. The Commissioners

do this fencing out of the money raised for defraying the expenses of

the Act, but each township is to keep up its fences according to the

Commissioners’ directions. The fences, etc., are to be made within 18

months.

_Penalty_ for wilfully and maliciously cutting, breaking down, burning,

demolishing, or destroying any division fence:

1st offence (before 2 J.P.’s), fine of £5 to £20, or from 1 to 3

months in House of Correction.

2nd offence (before 2 J.P.’s), fine of £10 to £40, or from 6 to 12

months in House of Correction.

3rd offence (before Quarter Sessions), transportation for 7 years as a

felon.

EXPENSES.--To defray all expenses the Commissioners can--

(1) sell the Right of Acreage or Common upon certain specified

half-year lands,[493] _e.g._ The Frith, Great Beets, Little Beets, the

Mown Rakes, etc., to the owners and proprietors of these lands. If the

owners refuse to buy or do not pay enough to cover the expenses of the

Act, the Commissioners can--

(2) sell part of the Fen. In this case the first land to be sold is

Coppin Sykes Plot, Ferry Corner Plot, Pepper Gowt Plot, and Brand End

Plot; the next land, Gibbet Hills.

As Coppin Sykes Plot, etc., belong to the Commissioners of two Drainage

Acts, the drainage Commissioners can as compensation charge rates on

the respective townships instead, and if any township refuses to pay,

they can inclose a portion of its allotment, but not for tillage.

_Penalty for taking turf or sod_ after Act.

Culprit can be tried before one J.P., and fined from 40s. to £10,

or, if he or she fails to pay, be given hard labour in the House of

Correction for 1 to 3 months, or till the penalty is paid. Notice of

this penalty is to be fixed on Church and Chapel Doors and published in

newspapers.

POWER OF APPEAL.--To Quarter Sessions only, and not in cases where the

Commissioners’ decisions are said to be final and conclusive.

AWARD.--Date, May 19, 1769. With Clerk of Peace or County Council,

Lincoln.

From _Annual Register_, 1769, p. 116 (Chronicle for July 16):

‘Holland Fen, in Lincolnshire, being to be inclosed by act of

parliament, some desperate persons have been so incensed at what they

called their right being taken from them, that in the dead of night

they shot into the windows of several gentlemen whom they thought

active in procuring the act for inclosure; but happily no person has

been killed.’

AMENDING ACT, 1770.

PARLIAMENTARY PROCEEDINGS.--_January 25, 1770._--Petition for an

amending Act from the Commissioners who carried out the previous one;

stating that ‘the Posts and Rails for many Miles in the Division

Fences, which have been erected pursuant to the Directions of the said

Act, have been pulled down, and the greatest Part thereof destroyed,

together with great Part of the Materials for completing the said

Fencing,’ and asking for leave to take down the Fencing and to make

wide ditches instead.

Leave given. Bill passed both Houses and received Royal Assent.

MAIN FEATURES OF AMENDING ACT.--(Private, 10 George III. c. 40.)

The Commissioners are empowered to take down the posts and rails, and

to make ditches 10 feet wide and 5 feet deep as boundaries instead.

The Posts and Rails are to be sold, and the proceeds are to defray

the expenses of this Act and the costs of the Commissioners. The

Commissioners are to have a sum of £31, 10s. each as payment, with 2

guineas deducted for each day’s absence.

Edward Draper, Clerk to the Commissioners, is to be repaid up to £1000,

his costs in prosecuting fence-destroyers.

If any proprietor has already made ditches wide enough, he is to be

repaid his proportion.

Any surplus is to be handed over to Drainage Commissioners.

NOTES:--

Act. Award.

Boston West division was enclosed in 1771 1772

Algarkirke cum Fosdyke „ 1771

Frampton „ „ „ 1784

Kirton „ „ „ 1772 1773

Skirbeck „ „ „ 1771 1772

Swineshead „ „ „ 1773 1774

Sutterton „ „ „ 1772 1773

Wigtoft „ „ „ 1772 1773

Wyberton „ „ „ 1789

APPENDIX A (6)

KNARESBOROUGH FOREST.--ENCLOSURE ACT, 1770

AREA.--About 20,000 acres.

NATURE OF GROUND.--Open, Commonable or Waste Lands.

PARLIAMENTARY PROCEEDINGS.--_February 8, 1770._--Petition for enclosure

from several freehold and copyhold tenants within the Forest; stating

that the said tracts are of little advantage now, whereas it would

be of public utility to have them divided into just allotments and

enclosed. Leave given, bill presented, read twice, March 19; committed

March 28. Petition against the bill from ‘a very great Number of the

Freeholders, and Customary or Copyhold Tenants having Right of Common,’

stating that the bill contains provisions very injurious to the

petitioners and others. Referred to the Committee.

REPORT AND ENUMERATION OF CONSENTS.--_May 7, 1770._--Lord Strange

reported from the Committee that the allegations of the bill were true,

that no person had appeared before the Committee to oppose the bill,

and that ‘the Parties concerned had given their Consent’ ‘(except the

Proprietors of Land in the Seven Lower Constableries, assessed to

the Land Tax at £47, 2s. 3d. per Annum, and the Proprietors of Land

in the Four Higher Constableries assessed to the Land Tax at £118,

3s. 6-3/4d., and that the whole of the Assessment in the Seven Lower

Constableries, and for Estates of several Persons adjoining, being

within the District called the Forest, in virtue whereof Right of

Common is enjoyed, amounts to £497, 1s. 4-1/2d., and in the Four High

Hamlets to £183, 9s. 8d.).’

The bill passed both Houses and received the Royal Assent on May 19.

MAIN FEATURES OF ACT.--(Private, 10 George III. c. 94.)

COMMISSIONERS.--Five appointed. William Hill of Tadcaster, Gentleman;

Joseph Butter of Bowthorp, Surveyor; William Chippendale of Ripley,

Surveyor; John Flintoff of Boroughbridge, Surveyor; Thomas Furness of

Otley, Gentleman. Vacancies to be filled up by remaining Commissioners.

Three are a quorum.

ARBITRATORS.--Nine appointed by name. Two can act. Vacancies to be

filled up by Commissioners from barristers.

SURVEYORS.--Three named, two of them are also Commissioners. Vacancies

to be filled up by Commissioners.

PAYMENT TO COMMISSIONERS, ARBITRATORS AND SURVEYORS.--Nothing stated.

CLAIMS.--All claims to be delivered in at the first, second or third

meeting; claims must be in writing and must specify and contain ‘an

Account and Description of the Messuage or Messuages, antient Building

or Buildings, and Lands’ in respect of which the claim is made, and

also the name or names of the person or persons in actual possession.

For a month after the third meeting all claims are to be open to the

inspection of other claimants. Failure to deliver in ‘such Writing and

Account as aforesaid’ at the first three meetings debars the would-be

claimant from all right to allotment, ‘Infancy, Coverture, Lunacy, or

any other general legal Impediment whatsoever of or in any such Person

in anywise notwithstanding.’

If claims are duly made and no objection raised to them by any

person, they are to be allowed finally and conclusively at the

fourth meeting; and no right so allowed can be disputed afterwards.

Supposing objections are made by any two other claimants or by any

Commissioner present, then the matter is to be referred to two or more

of the arbitrators whose decision is to be final and conclusive. If

unreasonable, unjust, frivolous or vexatious claims or objections are

made, the Arbitrators can assess the costs on the maker.

In deciding on claims, 40 years’ enjoyment of commonage is to be

considered to confer a right, when it is enjoyed in respect of owning

ancient messuages, etc., whether situated within or without the limits

of the Forest (save and except in respect of Commonage by Vicinage).

The quantity and the value of the lands in virtue of which claims are

made, are to be adjudged by the Commissioners, and such judgment is to

be final and conclusive, but no ancient Messuage or Building or Scite

thereof is to be allowed at greater value than any other.

Disputes between landlords and tenants are to be referred to the

Arbitrators, and their award is to be final and conclusive.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Provisions for the Lord of the Manor_ (the King).--(1) One-tenth part

of the whole, after allotments for Stone Quarries, watering places

and roads have been deducted; ‘the said Tenth Part to consist of a

proportionable Share of the best and worst kind of Land as near as may

be.’

(2) All incroachments made within 40 years, and held by persons not

entitled to right of common; but see Incroachments.

(3) The King’s rights to Mines, Minerals, and Quarries (except Stone

Quarries) are not to be prejudiced, but he or his lessee is to pay

reasonable satisfaction for any damage done, such satisfaction to

be determined by 2 or more J.P.’s, or, if the parties are still

dissatisfied, by a Jury of 12.

_Provisions for Tithe Owners._--Such portions as the Commissioners

shall adjudge to be ‘full Recompence and Satisfaction.’

_For Stone Quarries, Watering Places, and Roads._--Such allotment as

the Commissioners think requisite.

_For Harrogate Stray._--‘Whereas there are within the constableries

of Bilton with Harrowgate and Beckwith with Rosset, or One of them,

certain Wells or Springs of medicinal Waters, commonly called

Harrowgate Spaws, to which during the Summer Season great Numbers of

Persons constantly resort to receive the Benefit of the said Waters

to the great Advantage and Emolument of Tradesmen, Farmers, and other

Persons in that Neighbourhood, and the Persons resorting to the said

Waters now have the Benefit of taking the Air upon the open Part of

the said Constableries,’ it is enacted that 200 acres of land near the

said springs shall be set apart and left free and open for ever. The

Freeholders and Copyholders within the said Constableries are to have

right of pasture on these 200 acres, the stint being regulated by the

Commissioners, and such right of common being taken as part of their

respective allotments.

_For the Poor._--None.

_Allotment of Residue._--To be allotted to the Persons entitled to

commonage ‘in Proportion to the real Value of their several and

respective Messuages, Lands, and Tenements’ in respect of which they

are entitled. Quality and situation to be considered in settling the

Quantum. Allotments must be accepted within six months after award (see

also Fencing).

Award to be drawn up with all particulars, but nothing is specifically

said about its being final. It is to be Evidence in Courts of Law.

Stone Quarries are to be vested in the landholders. Allotments to

be of the same tenure as the property in virtue of which they are

given. Timber is to belong to copyholders as if they were freeholders.

Disputes arising in the execution of the Act, which do not affect the

persons in general interested in the Inclosure, can, if all the Parties

concerned in the particular dispute wish it, be referred to some other

Arbitrator or Arbitrators not mentioned in the Act, and his or their

decision is to be final.

INCROACHMENTS.--(1) Incroachments 40 years old and upwards, with all

buildings thereon, to be absolute property of persons in possession;

but Copyhold.

(2) Incroachments made within 40 years.

(_a_) If incroachers are also owners who have a right of common, then

the incroachments are to be given as their respective allotments

(reckoning the value of the land only). If any particular incroachment

is bigger than the allotment to which the incroacher is entitled, the

surplus ground is to be treated as ordinary distributable ground.

(_b_) If incroachers are not entitled to right of common, then their

incroachments, together with all the buildings on them, are to go

to the King as Lord of the Manor; But whereas these incroachments

‘consist chiefly of Buildings and Inclosures which have been erected

and inclosed, or are held and enjoyed by poor Persons who have, by

their own Industry and Labour, built and improved the same, or by

Persons who have been at considerable Charges therein,’ His Majesty

is graciously pleased to grant Leases for 40 years in possession, ‘to

the End no Person whatsoever may be removed from or deprived of his,

her, or their present Possessions.’ These leases are to hold good even

though not amounting to one-third of the improved annual value of the

incroachments. After 40 years, full rents must be taken. _Exception_ to

(2 _b_).--Small incroachments made for Workhouses, for cottages of Poor

chargeable to the Parish, or for Free Schools, are to be assigned to

Trustees for benefit of the users.

In spite of above provisions any Incroachments which the Commissioners

think fit can be set out for roads, ditches, or fences, etc.

FENCING.--In the paragraph about selling land for expenses it says

that the Ring fences to be made by Commissioners, but elsewhere it

says fencing to be done by allottees under Commissioners’ directions.

_Exception._--Tithe allotments which are to be fenced by other

proprietors, and certain other cases. If allottees do not fence,

Commissioners do it for them and charge. If any persons think their

allotments not worth fencing, then two or more of them whose allotments

are contiguous can agree to leave them unenclosed, provided that within

12 months they set up a good stone wall or other substantial Fence

between their allotments and those of others. They must keep this wall

or fence in repair always.

No sheep or goats to be kept for 7 years in any Inclosure adjoining a

boundary fence, unless a special wall or Pale-fence is provided.

EXPENSES.--To be defrayed by sale at auction of parcels of land.

Any surplus to be distributed amongst allottees in proportion to

allotments. But if a Majority in Value of the persons interested do

not wish any land sold, they can signify the same in writing, and can

deposit a sufficient sum of money for the purposes of the Act with the

Commissioners, and then the provisions for sale cease. Mortgages, in

certain cases up to 50s. an acre, to meet expenses are allowed.

ROADS.--In Award, Commissioners are to give orders for laying out

roads, etc.

COMPENSATION TO OCCUPIERS.--None.

POWER OF APPEAL.--To Quarter Sessions only, and not in cases where

decisions are said to be final and conclusive.

AWARD.--June 25, 1775. Duchy of Lancaster.

AMENDING ACT, 1774.--(Private, 14 George III. c. 54.)

PARLIAMENTARY PROCEEDINGS.--_February 21, 1774._--Petition from Sir

Bellingham Graham, Bart., Walter Masterman, Esq., and others stating

that the land to defray expenses is not yet sold, and asking for

an amending Act to enable the Petitioners and others to pay their

respective shares instead of the land being sold. Leave given and

bill brought in. March 23, 1774, Petition from Mary Denison of Leeds,

widow, and her heirs, who had ‘neglected to deliver her Claim of Common

Right within the Time limited by the said Act, of which Neglect the

Petitioners were not acquainted till after the Third Meeting of the

Commissioners; soon after which the Petitioners caused a Claim to be

made and delivered, but the said Commissioners refused to accept the

same,’ asking for relief. Petition referred to the Committee, with

instructions that they have power to make provision in the bill.

_March 25._--Petition from several persons asking relief on same

grounds as Ellen Oxley (see April 15 below).

Petition from various persons asking that their allotments may be near

within their townships.

_April 14._--Petition from Daniel Lascelles, Esq., Sir Savile Slingsby,

Oliver Coghill, Esq., and the Rev. William Roundell stating that

they sent in claims as owners of rights of common; that these claims

were referred to the Arbitrators; and that ‘it was discovered that

Mistakes were made in the Description of such Tenements, or some Parts

therof; and that, notwithstanding the said Errors arose merely from

Inadvertency, and in no respect altered the Merits of the Petitioners’

Claims, the Arbitrators did not think fit to permit the Petitioners to

rectify the same,’ but disallowed the claims. The Petitioners ask for

reconsideration.

_April 15._--Petitions from Rev. Thomas Collins who through

‘Inadvertency’ had neglected to deliver in his claim of common right in

respect of two Copyhold Messuages within the specified time, and from

Francis Bedford, ditto, _re_ copyhold close.

_April 15._--Petition from Ellen Oxley and John Clarke, stating that

they preferred claims of common rights to the Commissioners; that

these claims were objected to and referred to the Arbitrators, who

heard divers claims, several of which they disallowed; that as Ellen

Oxley and John Clarke could not produce such evidence as was required

by the Arbitrators in support of their claims, they withdrew them;

that subsequently a Verdict was produced and read in evidence to the

Arbitrators, by means of which similar claims were allowed.

Bill passed both Houses. Royal Assent.

MAIN FEATURES OF AMENDING ACT.--(Private, 14 George III. c. 54.)

New Commissioner added, Richard Richardson (who was one of the

Surveyors under the former Act).

EXPENSES.--Commissioners can set out allotments without abatement for

sale to 48 persons named, and other allottees who give notice. In the

case of these allottees, the Commissioners are to settle their quota of

charges and assess them accordingly.

The Commissioners in rendering their account may charge one guinea

a day for loss of time, and 10s. a day for expenses. The surveyors’

charges must be ‘reasonable and moderate.’ The Commissioners must give

an account before they call for payment, and the account is to be open

to inspection at the charge of 6d.

CLAIMS.--The claims of 32 persons named, which have been disallowed

or withdrawn (1) for want of evidence; (2) for misnomers; (3) for

failure to deliver in time, are to be reconsidered. Such claims must

be delivered in at the first meeting, and must not be greater than

they were before. They can be referred on appeal to the Arbitrators as

before, but the appellant must now give security for costs in case the

appeal fails.

INCROACHMENTS.--As some encroachments of over 40 years standing are

found to have no right of common (and so cannot contribute their share

to the Tithe Allotment), tithes can be charged on these in the form of

rent charges.

POWER OF APPEAL.--To Quarter Sessions in respect of the Commissioners’

accounts, if any person interested thinks any item unreasonable, and no

satisfactory explanation is forthcoming.

AWARD (for 2 Acts).--June 25, 1775. Duchy of Lancaster.

From the Award we learn as follows:--

Over 2751 Acres were sold to meet the expenses of the Act.

The King received 2344 acres.

The tithe owners received 4694 acres odd.

The remainder was divided amongst over 700 different persons and

bodies. The allottees’ shares varied from as much as 1386 acres

(Devisees of Sir John Ingelby, Bart.) down to a few perches.

The amount that went to trustees for the use of the poor, including the

various small incroachments (for schools, workhouses, etc.), which were

allowed to stand was about 32 acres.

NOTES ON AFTER-HISTORY.--_Annals of Agriculture_, vol. xxvii. p.

292.--In 1793 Arthur Young bought an estate in Knaresborough Forest

of about 4400 acres; 4000 acres of this was waste land, let out at a

rental of 6d. an acre; 2751 acres of the estate were copyhold, and had

been sold to pay the expenses of inclosure. The rest had formed part of

the King’s allotment, and was hired on a long lease. On the 400 acres

of cultivated land there were 3 farmhouses. The game of the waste was

let for £30 a year; peats dug from it produced £6 to £8 a year, and

Arthur Young calculated that one Scotch wether could be supported per

acre.

APPENDIX A (7)

LALEHAM.--ENCLOSURE ACT, 1774

AREA.--(From Award), 918 Acres.

NATURE OF GROUND.--‘Several large and open Fields,’ ‘and likewise

certain Wastes and Commons.’

PARLIAMENTARY PROCEEDINGS.--

FIRST ATTEMPT, JANUARY 31, 1767.--Petition from Sir James Lowther, Lord

of the Manor, and from ‘divers owners’ for enclosure of the open fields

and commons, and also of ‘a large Pasture called Laleham Burway.’ Leave

given, but bill dropped after first reading.

_Second attempt, December 7, 1767._--Petition for enclosure from Sir

James Lowther alone, on behalf of himself and others. Leave given; bill

prepared by Mr. Anthony Bacon and Mr. Fuller, read twice and committed

(December 14) to Mr. Bacon, Mr. Jenkinson, Sir James Lowther, and

others.

_December 21, 1767._--Petition against the bill from various persons,

being Owners, Proprietors and Occupiers entitled to Rights of Common,

and also Owners of Cow Gates on Laleham Burway, setting forth ‘that

the Inclosure sought by the said Bill is contrary to the general Sense

and Opinion of the Petitioners and others, who compose a Majority in

Number of the Owners or Proprietors of, or Persons interested’ in the

Inclosure, and also stating that the meadow of Laleham Burway is not

within the Manor of Laleham, but has been proved by a trial at law to

be part of the Manor of Chertsey Beaumont. Petitioners to be heard on

Report.

REPORT AND ENUMERATION OF CONSENTS.--_December 21, 1767_ (same

day).--Mr. Anthony Bacon reported from the Committee that the

Allegations of the Bill were true, and ‘that the Parties concerned had

given their Consent to the Bill, to the Satisfaction of the Committee

(except the Proprietors of Estates, who are entitled to Right of Common

in the said Manor, who are rated to the Poors Rate to the Amount of

£8, 2s. 0d. per Annum; and also the Proprietors of Estates, who are

intitled to Right of Common in the said Manor, who are rated to the

Poors Rate to the Amount of 15s. per Annum, who, being applied to,

refused to sign the Bill, but declared they would not oppose the same;

and that the whole of the Estates, in the said Manor, are rated to

the Poors Rate to the Amount of £27, 6s. 6d. or thereabouts; and that

the Proprietors of Eighty-six Cow Pastures or Farines, had refused to

give their Consent to the said Bill; and that the whole Number of Cow

Pastures, or Farines, are 292-1/2); and that no Person appeared before

the Committee to oppose the said Bill.’

The consideration of the Report was put off several times; February

25, 1768, a debate on the subject, resumed on February 29, with the

result that the Bill was defeated.

_Third Attempt, February 28, 1774._--Petition from various owners and

occupiers for enclosure of Laleham and of Laleham Burway. Leave given.

Bill read first time March 18.

_March 22._--Petition against the bill from various owners and

proprietors of certain Messuages, Cottages, Farmsteads, Lands and

Rights of Common, and also owners of Cattle gates on Laleham Burway,

setting forth that the ‘Bill is contrary to the general Sense and

Opinion of the Petitioners and others, who compose a great Majority

of the real Owners and Proprietors of, or Persons interested in, the

Lands and Grounds intended to be inclosed: and that the Petitioners

conceive that the said Bill, if passed into a Law, will in general be

injurious to all the Petitioners, and in particular highly burthensome

and oppressive to such of them who enjoy small and inconsiderable

Rights and Interests therein.’ The Petition again pointed out that

Laleham Burway was not in the Manor of Laleham, and that apart from

that fact, ‘Inclosure would render the Enjoyment thereof’ inconvenient

if not impracticable. To be heard by Counsel on second reading. On

April 15 came another Petition from William Barwell, Esq., and other

proprietors in and near Chertsey, opposing the enclosure of Laleham

Burway as detrimental to the proprietors thereof and to the inhabitants

in general of Chertsey, and suggesting that it is ‘calculated only for

the private Emolument of some One or few’ of the proprietors. Petition

to lie on table.

_May 20._--Bill read a second time. Both above Petitions read and

Counsel against the Bill heard and several witnesses examined. Bill

committed.

REPORT AND ENUMERATION OF CONSENTS.--_June 7, 1774._--Mr. Norton

reported from the Committee, that the allegations were true and that

the parties concerned had consented ‘(except the Owners of 13 Houses

intitled to Right of Common and the Proprietors of Lands rated to the

Land Tax of £35, 4s. 6d. per Annum who refused to sign the Bill, and

also except the Proprietors of Lands rated to the Land Tax at 9s. per

Annum who could not be found; and that the whole Number of Houses

having Right of Common is 80, and the whole of the said Lands are rated

to the Land Tax at £168, 2s. 6d. per Annum).’

A Clause was offered to be added to the Bill, for giving an Appeal

to Quarter Sessions,[494] and this was agreed to. Other clauses to

restrain the Commissioners from setting out a road over Laleham South

Field and for saving the rights of tithe owners were also added.

The Bill passed both Houses and received the Royal Assent, June 22,

1774.

MAIN FEATURES OF ACT.--(Private, 14 George III. c. 114.)

COMMISSIONERS.--Three appointed:--Ralph Gowland, Esq., of Laleham;

Thomas Jackman of Guildford; Henry Brumbridge of Thorpe.

Two a quorum. Vacancies to be filled by remaining Commissioners from

persons not interested in allotments or division.

Surveyor or surveyors to be appointed by Commissioners.

PAYMENT.--Nothing stated.

A special clause enacting that they are to make the division and

allotment on or before December 24, 1774, ‘or as soon after as

conveniently may be done.’[495]

CLAIMS.--All claims to be delivered in writing with particulars of

right or title in respect of which claim is made at 1st or 2nd meeting.

If any claim is objected to at 1st, 2nd, or 3rd meeting by another

claimant then the Commissioners can hear and determine, and their

determination is final and binding. _Exception._--If a claimant refuses

to refer the matter to the Commissioners, then he or she can bring

an action at law against the objector on an issue to be settled if

necessary by the officer of the Court. But if the claimant whose claim

is objected to fails to bring the action, and still refuses to refer

the question to the Commissioners, then (after 3 months) he loses all

his rights.

There is also a clause ‘for the better settling the Rights and Claims

of all the said parties so interested and concerned as aforesaid’ by

which it is enacted that in case any difference touching rights and

claims arises between any of the parties so interested and concerned,

the Commissioners have power to hear and finally determine the same,

‘which Determination shall be binding and conclusive to all Parties.’

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Lord of the Manor_ (Sir James Lowther).--No special provision

mentioned, but see Award.

Clause to say that the Lord of the Manor’s rights are not to be

prejudiced by the Act ‘(except such Common of Pasture, or other Rights

of Common, as can or may be claimed by or belonging to him).’

_Tithe Owners._--Nothing in the Act to affect any right or title to

tithes.

_Provision for the Poor._--Nothing mentioned, but see Award.

_Allotment._--The Commissioners are to make the allotments amongst the

several persons ‘intitled to any Lands, Grounds, Right of Common or

other Property,’ in proportion to ‘the real value of their several and

respective Shares and Interests and Right of Common or other Property

through and over the said Common Fields, or other the Premises to be

allotted and divided.’ Quantity, Quality and Convenience are to be

considered. The Commissioners are to draw up an Award as soon as is

convenient after allotment, and ‘the several Allotments, Partitions

and Divisions so made’ in and by the Award ‘shall be and are hereby

declared to be binding and conclusive unto and upon all and every the

several Parties interested in the said open and common Fields, common

Pastures, and commonable Lands.’ Allotments must be accepted within 12

months after award. (Saving clause for infants, etc.) Failure to accept

excludes allottee from all benefits in lands and estates allotted to

any other person, and the Commissioners can appoint a Bailiff or rent

receiver with full power to manage the allotment in question, any

surplus of profits to go to the original allottee who has refused to

accept--until he changes his mind and accepts it.

Allotments are to be of the same tenure as the estates for which they

are claimed. The Herbage of the Lanes and Public Roads to be allotted

to such person or persons as the Commissioners direct.

A special clause to exempt Laleham Burway from division.

INCROACHMENTS.--Not mentioned.

FENCING.--No instructions given; except that when an allotment abuts on

the highway, the fences are to be kept up by the owner.

EXPENSES.--To be paid by the ‘Owners and Proprietors and Persons

interested of and in the said Lands and Grounds’ in such proportion as

the Commissioners decide. If persons refuse to pay, Commissioners can

distrain or else enter on allotment and take rents. Allotments may be

mortgaged up to 40s. an acre.

COMPENSATION TO OCCUPIERS AND OTHERS.--Leases at rack-rent ‘shall cease

and be totally extinguished’ if Commissioners give notice; the owner

giving such compensation to the tenant as the Commissioners direct.

Underwoods, hedges, shrubs, etc., are not to be grubbed up or destroyed

before allotment without special permission from the Commissioners, but

are to remain for the benefit of the allottee, the allottee paying the

former owner such compensation as the Commissioners direct.

Also, If any land with woods, underwoods, hedges, shrubs, etc., is

allotted to someone who does not already hold it, then the first

owner may enter and fell, grub up and cut down the underwood, hedges,

etc., and take them away, unless the same have been allotted by the

Commissioners to the new owner.

POWER OF APPEAL.--Only with respect to roads, and then to Quarter

Sessions only.

ARRANGEMENTS BETWEEN ACT AND AWARD.--Not mentioned.

AWARD.--Date, 1803. Record Office. During the 29 years between the Act

and the Award 10 Commissioners were concerned, (A) Ralph Gowland, (B)

Thomas Jackman, (C) Henry Brumbridge, (D) George Wheatley, (E) John

Baynes Garforth, (F) Sir Philip Jennings Clarke, (G) Richard Penn,

(H) Sir William Gibbons (see Stanwell), (I) Thomas Chapman, (J) George

Kinderley, as follows:--

C refused to act straight away. A then appointed D. B refused to sit

in 1781. A and D appointed E. A died 1787. D and E appointed F. F died

1788. D and E appointed G. D died 1802. E and G were desirous of being

discharged from acting further. H was ‘duly appointed.’ E and G refused

to act. H appointed I and J. H, I and J gave the award.

_Distribution of Land._--918 acres odd, exclusive of roads, were

divided out as follows:--

Acres.

_Lord Lowther_[496] (including 18-1/2 for his rights of soil), 626-1/2

_Six other owners_ (in shares varying from 68-1/4 to John

Coggan, Martha his wife, to 16-1/4 to the Vicar, 223-1/4

_Twenty-three owners_ (in shares varying from 7-1/2 acres, Messrs.

Blackwell and Elson, to 16 perches John Goodwin, 51-1/4

Churchwardens and Overseers for the Poor (see below), 13

Gravel Pit, 4

-------

918

The destiny of the 13 acres vested in the Churchwardens and Overseers

is described thus: they are ‘for the use of the poor of Laleham, as a

compensation for their loss of Common, the said 13 acres in lieu of the

herbage of the roads the use of which by the poor was thought might

be injurious to the young quick by the grazing of their cattle on the

roads, and as the Majority of the Proprietors have agreed’ to give up

this 13 acres as an equivalent for the Herbage, the Herbage is given to

the proprietors instead.

The Churchwardens and Overseers may do one of two things with the 13

acres plot, they may (1) lease it out for 21 years at ‘the best and

greatest rent’ to a parishioner: (the plan shows the 13 acres to have

been wedged in between Lord Lowther’s fields), or (2) ‘if they should

think it more advantageous to the parish to raise a certain sum of

money upon it for the Purpose of erecting a Workhouse’ they may let it

out for 60 years.

APPENDIX A (8)

LOUTH, LINCOLNSHIRE.--ENCLOSURE ACT, 1801

AREA.--In Petition for Enclosure, about 1770 Acres.

In Act „ „ 1854 „

In Award „ „ 1701 „

NATURE OF GROUND.--‘Open Common Fields, Meadows, Pastures, and other

Commonable Lands and Waste Grounds.’

Description from Eden, vol. ii. p. 395 (June 1795).--‘Most of the

land belonging to this town lies in 2 large common fields, which are

fallowed and cropped alternately: in several parts of these common

fields there are large tracts of waste land, upon which a great number

of poor people summer each a cow, which in winter go at large in these

fields. The Poor complain heavily of the farmers, saying, “That they

encroach on their property”; and the farmers say, “That the Poor take

the opportunity of eating their corn with their cattle.” Tithes are

here taken in kind.’

PARLIAMENTARY PROCEEDINGS.--_March 11, 1801._--Petition for enclosure

from various persons, owners, or interested in estates in Louth. Leave

given. Bill read twice, and committed on June 5. Same day, Petition

of various Freeholders and Proprietors of old inclosed land against

the bill; setting forth that there are ‘now more than 750 acres of old

inclosed Meadows and Pasture Lands very contiguous to the Town; and

that the Soil of these Open Fields is best adapted for Wheat and Beans,

of which it produces excellent Crops alternately, and is in a very high

State of Cultivation; and that there is no Waste Land, as the Commons

are a very rich Pasture, which keep a large Quantity of Cattle, the

Property of a great many industrious People, who have Common Rights,

and are enabled by their Common Rights to maintain their Families,

and increase the Population and Prosperity of the Town of Louth’; and

asking the House either to reject the Bill ‘or not to suffer that Part

thereof to pass into a Law, which would compel the Petitioners to

relinquish Part of their Old Inclosed Land against their Consent, but

permit them to remain subject to the Tythes they have hitherto paid.’

Petition referred to the Committee. All to have Voices.

REPORT AND ENUMERATION OF CONSENTS.--_June 17, 1801._--Mr. Annesley

reported from the Committee that the Standing Orders had been complied

with; that the allegations were true; and that the parties concerned

had consented ‘(except the Proprietors of Messuages, Cottages and

Toftsteads, having Right of Common of the Annual Value of £465, 10s.

who refused to sign the Bill, and also except the Proprietors of

Messuages, Cottages and Toftsteads having Right of Common of the Annual

Value of £177, 15s. who were neuter; and that the Whole of the Property

interested in the Inclosure is of the Annual Value of £1670, 12s.).’

The Bill passed both Houses. Royal Assent, June 24, 1801.

MAIN FEATURES OF ACT.--(Local and Personal, 41 George III. c. 124.)

COMMISSIONERS.--Three appointed. (1) John Renshaw of Owthorpe, Notts,

gentleman, on behalf of Tithe owners;

(2) Isaac Leatham of Barton-le-Street, Yorks, gentleman, on behalf of

the majority in value of the proprietors of common fields, meadows and

commonable Lands and Waste Grounds (tithe owners excluded);

(3) John Parkinson of Asgarby, Lincs, gentleman, on behalf of the

majority in value of the proprietors of ancient inclosures and of

Common Right Houses and Toftsteads (tithe owners excluded).

Two to be a quorum. Vacancies to be filled by the party represented

from persons ‘not interested in the inclosure.’

Surveyor appointed by name. Vacancy to be filled by majority in value

of all those interested.

PAYMENT TO COMMISSIONERS.--2 guineas each a day. Surveyor to be paid

what Commissioners think fit.

CLAIMS.--All claims to be delivered in with full particulars at

meetings held for the purpose; no claims to be received afterwards

except for some special cause. Full notice of a meeting to examine

claims to be given. Commissioners can determine on claims, but if any

claimant is dissatisfied with their determination he or she can try

the matter at law by bringing an action on a feigned issue against any

person interested in the Lands. Jury’s Verdict to be final. Defendant’s

costs to be borne by all or some of the persons interested, as the

Commissioners determine. If no notice of such action is given, then the

determination of the Commissioners on claims is final and conclusive.

But the Commissioners are not to determine on questions of title which

can be tried at law. Such suits are not to impede inclosure, and the

allotment is to be set out to the person in possession. Claimants in

respect of Messuages, Cottages, Tofts, or Toftsteads need not prove

usage of Right of Common.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_The Lord of the Manor_ (_i.e._ The Warden and Six Assistants of the

Town of Louth and Free School of King Edward the Sixth) to have one

twentieth in value of the Waste Lands and other Lands which are not the

separate Property of any Person or Persons; in particular a piece of

Common called _Julian Bower_ with the Trees on it is to be included as

part of the Allotment.

_Tithe Owners._--(1) The Worshipful Roger Kedington, M.A., Prebendary

of the Prebendal of Louth in Lincoln, impropriator of the Rectory of

Louth, and patron of Vicarage; (2) William Hutton, Esq., lessee of

above for 3 Lives; (3) Rev. Wolley Jolland, Vicar of Louth, entitled to

Vicarage House and Garden and also to a Right of Common, and to small

Tythes.

(1) Allotments which Commissioners consider equal in value and a full

Compensation for present unenclosed Glebe Lands and Rights of Common.

(2) Such pieces of the Lands and Grounds to be enclosed (of every

kind) as shall equal in value 1/5 part of all the open, arable and

tillage land ‘(although the same may be occasionally used in Meadow or

Pasture)’ ‘and which are not Waste Lands.’

(3) Such pieces of the Lands and Grounds to be enclosed as shall, in

Commissioners’ judgment, equal in value all the Great and Small Tythes

and other Ecclesiastical Dues on ancient Inclosed Arable and Tillage

Lands.

(4) Such pieces of the Lands and Grounds to be enclosed as shall equal

in value 1/8 part of all the ancient enclosed Meadow and Pasture Lands,

Grounds and Homesteads ‘(not being Glebe Lands, consecrated Burying

Grounds, or Orchards or Gardens),’ and of the Near East Field, Far East

Field, Great Roarings, Butter Closes, and all other open and commonable

Meadow or Pasture Lands, Commons and Grounds to be inclosed which are

subject to tithes and ecclesiastical dues.

_Arrangements for Owners of Old Inclosures._--(See Petition on March

11, 1801). Owners of old Inclosures who have not sufficient allotments

in the land to be inclosed, to contribute from them their proportion

of the above Tithe allotments, can _either_ have part of their old

inclosures allotted instead (with their consent) _or_ pay such gross

sum of money towards the expenses of the Act as the Commissioners

direct, whilst a portion of the land to be inclosed is given to the

tithe owner.

After this Act the only Tithes which remain are those for Gardens and

Orchards, and Tithes of Mills, Pigs, Poultry, Bees and Honey; also

Surplice Fees, Easter Offering and Mortuaries are untouched.

_For Repair of Roads._--Sufficient pieces or parcels to be vested in

the Surveyor of Highways.

_For Fairs._--A piece of ground called ‘The Quarry’ is to be allotted

to the Lords of the Manor for the holding of Fairs.

_Provision for the Poor._--None.

_Allotment of Residue._--Amongst the various persons interested with

due regard to Quantity, Quality and Situation. No undue Preference

to be shown. The open fields to be allotted to their present owners,

unless the owners ask for allotment elsewhere.

If an allottee is dissatisfied with his allotment, the Commissioners

must hear his complaints, but their determination is final till the

Award is made.

The Award is to be drawn up and read over to the Proprietors and all

the orders and directions, penalties, impositions, regulations and

determinations of the Award are to be final, binding and conclusive on

all parties.

If an allottee refuses to accept or molests anyone else who accepts, he

or she must pay the penalties decided on by the Commissioners.

The tenure of allotments is to be the same as that of the estate in

virtue of which they are claimed.

The grass on the road allotment is to be allotted to such person or

persons as the Commissioners direct, or else be applied for some

general, Parochial, or other use.

No person is to graze cattle, dig, cultivate or plant in any road or

way under penalty of a fine of £3.

INCROACHMENTS.--Incroachments 20 years old and over are to stand.

Incroachments made within 20 years are to be treated as part of the

Commons to be divided, but, if the Commissioners think it fit and

convenient they can be allotted to the person in possession, without

considering the value of erections or improvements (1) as the whole

or part of his allotment; (2) as his allotment, the allottee paying

such extra sum of money as the Commissioners think fit (this is

supposing the allotment he is entitled to is less in value than the

incroachment); (3) for such sum of money as the Commissioners think fit

(this is supposing he is not entitled to any allotment).

_But_ if the Commissioners do not think it fit and convenient to allot

an incroachment to the person in possession, they may (1) sell it at

public auction and apply the money to the purposes of the Act; (2)

allot it to someone else, in which case a ‘reasonable’ sum of money

is to be given to the dispossessed owner, the new allottee paying the

whole or part of it.

FENCING.--To be done by the several proprietors as the Commissioners

direct.

_Exception._--(1) The Tithe Owners’ allotments are to be fenced by the

other proprietors.

(2) In the case of allotments to Churchwardens, Overseers or Colleges,

Chantries, Charities, etc., the Commissioners are to fence, deducting

such portion of the allotments as is equal to the expenses of fencing

and to these allottees’ share of the expenses of the Act.

The portion deducted is to be divided amongst the other Proprietors who

have to pay the expenses.

If any allottee refuses to fence, the Commissioners can do it and

charge the expenses on the allotment, appointing a Bailiff to receive

rents and money.

EXPENSES.--The expenses of the Act are to be defrayed by all the

Proprietors benefited in proportion to the value of their allotments,

_except_ the Lords of the Manor and the Tithe owners in respect of

their special allotments, and except the holders in trust for public

bodies. (These last have had a portion deducted. See Fencing.)

The cost of the survey of the land to be inclosed is to be borne

by those interested in it, and the cost of the survey of the old

inclosures by the proprietors of old inclosures.

Mortgages are allowed under certain conditions (except to Tithe owners)

up to £4 an acre.

Commissioners are to keep accounts which must be open to inspection. A

penalty is specified for failure to keep them. Money amounting to £50

is to be paid in to a Banker.

Proprietors (tithe owners excepted) can sell their Common Rights or

allotments before the Award.

COMPENSATION.--(1) Leases at Rack Rent of any land to be inclosed,

either alone or together with any Messuages, Cottages, Toftsteads,

etc., to be void; the proprietor paying the lessee such satisfaction

as the Commissioners direct. _Exception._--No lease of any Messuage,

Cottage, Toftstead, Lands, Hereditaments or ancient Estate in respect

of which allotment is made for Right of Common is to be void; but the

allotments made to these are to belong to the proprietors who must pay

to the lessees such satisfaction as the Commissioners direct.

(2) Satisfaction (adjudged by the Commissioners) is to be given for

standing crops by the new allottee, unless the owner of the crops likes

to come and reap them.

Satisfaction is also to be given to the occupier for ploughing,

tilling and manuring, but no Swarth 6 years old is to be ploughed till

allotments are entered on.

(3) If any trees, shrubs, etc., go with the ground to a new proprietor,

the old proprietor is to be paid their valuation (as judged by the

Commissioners).

ARRANGEMENTS BETWEEN ACT AND AWARD.--The Commissioners are to have

absolute power to determine the course of husbandry.

ROADS.--Commissioners to have power to set out and stop up roads and

footpaths (turnpike roads excepted), but are to give notice in a local

newspaper _re_ public carriage roads, and any person who thinks himself

or herself aggrieved can appeal to Quarter Sessions whose decision is

final.

If an ancient road or path is shut up, the person for whose

accommodation it is shut up may be required by the Commissioners to pay

compensation either (1) to person or persons injured or (2) for general

expenses of the Act.

POWER OF APPEAL.--To Quarter Sessions only, and not where

Commissioners’ determinations are said to be final.

AWARD.--Date, 1806. Record Office.

MAIN FEATURES OF AWARD:--

_a._ _r._ _p._

Whole Area divided out, 1701 3 21

-----------

Tithe Owners (various allotments), in all, 584 3 6[497]

One of the tithe holders also receives, 24 3 4

The Lords of the Manor, 109 2 4[498]

Lords of the Manor, as Guardians of the

Free School, 69 3 19

Allotments for repairing roads, 2 0 3

For Fairs, 4 1 12

-----------

795 1 8

-----------

The remainder is divided out amongst 130 allottees:--

From 50-100 acres 4 }

From 30-50 acres 7 }

From 10-30 acres 10 } Above 10 acres 21

-- }

21 }

-- From 1-10 acres 42

From 1/2 acre-1 acre 22 }

From 1/4 acre-1/2 acre 10 }

Below 1/4 acre 35[499] } Below 1 acre 67

-- } ---

67 } 130

-- ---

The smallest allotments are, Ann Metcalf, Spinster, 14 perches, which

she must fence on the N. and W. sides; Ann Hubbard, Widow, 15 perches,

which she must fence on the S. and W. sides.

These, like the other small allotments, are in lieu of Right of Common

and all other Interest.

APPENDIX A (9)

SIMPSON, BUCKS.--ENCLOSURE ACT, 1770

AREA.--Not specified anywhere. The annual value unenclosed is stated to

be £773, so the acreage was probably over 1500.

NATURE OF GROUND.--Open and Common Fields, Lammas Grounds and Pastures.

PARLIAMENTARY PROCEEDINGS.--

_First Attempt, December 13, 1762._--Petition from Walden Hanmer,

Esq., Lord of the Manor, William Edge, Gentleman, and other owners

and proprietors, stating that the holdings are at present intermixed

and dispersed, that the land in its present state is in great measure

incapable of Improvement, and that if it were divided and inclosed

great Benefit would accrue, and asking for leave to bring in a Bill to

enclose. Leave was given, and the Bill passed its second reading and

was sent to Committee. On March 16, 1763, came a petition against it

from John Goodman and Nicholas Lucas, Gentlemen, and other owners and

proprietors against the bill, ‘alleging that the Petitioners are Owners

and Proprietors of Four Fifth Parts, and upwards, of the said Fields,

Grounds, and Pastures, so intended to be inclosed, and of several

Rights and Privileges incident thereto,’ stating that the bill would

be greatly detrimental to all of them and ‘tend to the Ruin of many of

them,’ and asking to be heard by Counsel against the bill. Petition to

be heard when the bill was reported.

REPORT AND ENUMERATION OF CONSENTS.--_March 25, 1763._--Mr. Lowndes

reported from the Committee, that the allegations were true and that

‘the Parties concerned had given their Consent to the Bill, to the

Satisfaction of the Committee (except Michael Woodward, Nicholas Lucas,

senior, Lewis Goodman, who, being asked to sign a Bill testifying their

Consent, and whose Interest in the said Lands and Grounds amounts to

£31 a Year, or thereabouts, but the Witness could not ascertain the

Interest of the said Lewis Goodman and Thomas Goodman, said that they

had no Objection to the Inclosure, but did not care to sign, and also

except Luke Goodman and Edward Chad, whose Interest in the said Lands

and Grounds is £16 a Year; Edward Chad said he was by no means for

it, and Luke Goodman said, he would neither meddle nor make; and also

except Joseph Etheridge, a Minor, whose Interest in the said Lands and

Grounds is £38 a Year; and Mary Etheridge, his Guardian whose Interest

in the said Lands and Grounds is £16 a Year, said, she never was for

it, as being a Woman, and having nobody to look after her Fencing; and

also except ---- Loughton, John Goodman, and Son, whose Interest in

the said Lands and Grounds is £24 a Year; John Goodman said, he would

lose his Life before he would lose his Land; his Son said, he did not

care to meddle; and also except John Goodman, who, being asked to

sign a Bill, testifying his Consent, and whose Interest in the said

Lands and Grounds is £55 a year, said he would not sign it; and except

Sear Newman, whose Interest in the said Lands and Grounds amounts to

£30 a Year, who said he had no Objection to it, but did not care to

meddle or make, upon Account of his Father being so much against it;

and it appeared to your Committee, by Articles of Agreement, dated

the 31st Day of December, 1761, that the said John Goodman and Sear

Newman did thereby consent and agree to an Inclosure of all the Open

and Commonable Fields, Lands, Cow Pasture, and Fields, within the

said Parish of Simpson, and to pay their respective Proportions of

the Expence of an Act of Parliament; and other the necessary Expences

attending the same; and also except John Newman, whose Interest in the

said Lands and Grounds is £30 a Year, who said he would not sign it;

and also except Nicholas Lucas the younger, whose Interest in the said

Fields is £36 a Year, who said he had no Objection to sign, if the

Cow Pasture had been left open; and also except Daniel Lucas, whose

Interest in the said Lands and Grounds is £25 a Year, who refused

signing; and also except George Wilkes, whose Interest in the said

Lands and Grounds is £1, 10s. a Year, who said he had no Occasion

to sign, because he had agreed with Mr. Hanmer for the Purchase of

his Commons; and also except Richard Goodman, Edward Ashwell, for a

Minor, Edward Cooke and John Fox, whose Interest in the said Lands

and Grounds together amounts to £5, 10s. a Year, who were not applied

to; and also except Sarah Hawes, Widow, who is lately dead; and also

except George Stone, whose Interest in the said Lands and Grounds is

£3 a Year, who was not applied to, because he had sold his Interest to

Mr. Hanmer, who has consented to the Bill; and also except Six out of

Eight of the Feoffees of Lands belonging to the Poor of Simpson, which

Lands are of the yearly Value of £24: and also except the Feoffees of

certain Charity Lands and Grounds, of the yearly Value of £16; William

Cooper, one of the Feoffees, being asked to sign a Bill testifying his

Consent, said he was against it; and that the yearly Value of the said

Lands and Grounds, in the said Fields, Cow Pasture, Common Meadows,

Lammas Grounds, and Waste Grounds, amounts to Seven Hundred Ninety-nine

Pounds, Fifteen Shillings, or thereabouts;)....’

After the Report was read, Counsel was heard for the Petitioners

against the Bill, but the Bill was read a third time and sent up to the

Lords. March 29, it was read a second time, and a Petition against it

from John Goodman, John Newman, Nicholas Lucas and others was received.

April 14, Lord St. John of Bletsoe reported it without amendments from

the Committee, but it was defeated on its third reading.

_Second Attempt, January 15, 1765._--Walden Hanmer, Esquire, the

Rector, and others again petitioned for enclosure. Leave was given to

bring in a bill, but nothing came of it.

_Third Attempt, February 6, 1770._--Walden Hanmer, Esquire, and others

again petitioned for enclosure. Leave was given, and a bill read twice

and sent to Committee.

_March 6, 1770._--‘A Petition of the Major Part of the Owners and

Proprietors’ against the Bill, stating ‘that the Petitioners are very

well satisfied with the Situation and Convenience of their respective

Lands and Properties in their present uninclosed State,’ and that the

Bill will do them great Injury.

REPORT AND ENUMERATION OF CONSENTS.--_March 6, 1770_ (same day).--Mr.

Kynaston reported that the allegations were true, and that the Parties

concerned had consented to the Bill ‘to the Satisfaction of the

Committee,’ with the following exceptions--Five Persons with property

of the annual value of £192, 10s.; Sear Numan, with property of annual

value of £20, 15s., ‘who said he must do as his Father would have

him’; John Lucas the younger, with property of the annual value of

15s.; George Cross, ‘who would not say any Thing,’ with property of

the annual value of £5; Elizabeth Mead, ‘who said she should sell when

inclosed,’ with property of the annual value of £2, 10s.; and Five

Persons, who said they would not oppose the Bill, with property of the

annual value of £77, 10s. The annual value of ‘the whole of the Estates

in the said Fields intended to be inclosed’ was given as £773. The

Bill passed the Commons and the Lords, where a petition against it was

considered. It received the Royal Assent on March 29, 1770.

MAIN FEATURES OF ACT.--(Private, 10 George III. c. 42.)

COMMISSIONERS.--Three appointed. (1) The Rev. John Lord of Drayton

Parslow, Clerk; (2) Thomas Harrison of Stoney Stratford, Gentleman; (3)

Francis Burton of Aynho, Northamptonshire, Gentleman. Two a quorum.

Vacancies to be filled up by remaining Commissioner or Commissioners

from persons ‘not interested in the Division and Inclosure.’ No

particulars of payment.

A survey to be made by a surveyor nominated by Commissioners.

CLAIMS.--The Commissioners are ‘to hear and finally determine’ any

differences about Interests and Rights.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Provisions for Lord of the Manor._--None (as there seems to have been

no common or waste ground concerned).

His manorial rights, right of common excepted, to go on as before.

_Provisions for Tithe Owners._--The Rector to have (1) such parcels of

Land as shall be a full equivalent of his glebe lands and common Right;

(2) 1/7 part of all the rest, ‘Quantity as well as Quality considered,’

as full compensation for all Tithes.

In the case of old inclosures which have allotments, the Commissioners

can give him either part of these or part of the owner’s allotment in

place of tithes, and in case of old inclosures, etc., which have no

allotment, they remain subject to Tithes.

The Rector is exonerated from keeping a Bull and a Boar.

_Provision for Gravel_, _Sand_, _etc._--See Allotment of Residue.

_Provision for Poor._--None.

_Allotment of Residue._--As soon as is convenient after the survey is

made, the Commissioners are to set out and allot the land in proportion

to the respective interests and right of common of the claimants,

‘having a due Regard to the Situation and Convenience, as well as to

the Quantity and Quality of the Lands and Grounds.’ The award, which

contains their decision, is to be final and conclusive.

Allotments must be accepted within 12 calendar months. Failure to

accept excludes the allottee from all Benefits under the Act. (Saving

clause for infants, etc.)

If material is needed for the roads, the surveyors may, under an

order from two J. P.’s not interested in the inclosure, enter on any

allotment and take it, except where the allotment is a garden, park,

orchard, paddock, wood, or ground planted with an avenue of trees for

the ornament of any House.

INCROACHMENTS.--Not mentioned; as no common.

FENCING.--To be done ‘at the proper Costs and Charges’ of the

respective allottees, as directed by the Commissioners, except in the

case of the Rector, whose allotment is to be fenced for him by the

other proprietors, and whose fences, if they abut on a highway, are

to be kept up by the other proprietors for 7 years. The fencing of all

allotments must be carried out within 12 months after the Award, and

if any person refuse to fence, the Commissioners, on complaint of a

neighbour, can do the fencing and charge it to the recalcitrant owner,

distraining on his goods, if necessary. If any one proprietor has more

than his fair share of fencing to do, then the Commissioners can make

the other proprietors pay something towards it. If any allotment abuts

on a common field, fencing is not compulsory.

EXPENSES.--These are to be paid by the Owners and Proprietors ‘by an

equal Pound Rate according to the Value of the Lands and Grounds each

Person shall have allotted to him.’ Proprietors are allowed to mortgage

their allotments up to 40s. an acre in order to meet expenses.

COMPENSATION TO OCCUPIERS.--All rack-rent leases are to be null and

void, the owners making such satisfaction to the tenants as the

Commissioners think reasonable.

ROADS.--Commissioners to have full power to set out and shut up roads,

footpaths, etc.

POWER OF APPEAL.--To Quarter Sessions only; and not in cases where

the Commissioners’ decisions are final and conclusive, as, _e.g._, on

claims and allotments.

ARRANGEMENTS BETWEEN ACT AND AWARD.--Directly the Act is passed, till

the allotments are made, the Commissioners are to have ‘the sole,

intire and absolute Management, Order and Direction’ of all the land

with regard to cultivation, flocks, etc., any usage to the contrary

notwithstanding.

AWARD.--Bucks, with Clerk of the Peace or Clerk of the Council. Date,

April 26, 1771.

APPENDIX A (10)

STANWELL.--ENCLOSURE ACT, 1789

AREA.--According to Act ‘by Estimation about 3000 Acres,’ but Award

gives 2126 Acres only.

NATURE OF GROUND.--‘Large open fields, Arable and Meadow Grounds, and

Lammas Lands, about 1621 acres, and also several Commons, Moors and

Waste Lands,’ about 505 acres (unstinted).

PARLIAMENTARY PROCEEDINGS.--

_First Attempt, December 12, 1766._--Petition for Enclosure from the

Lord of the Manor, the Impropriator of the Great Tythes, the Vicar, and

the most considerable Proprietors. Leave given. Bill read first time,

January 27, 1767.

_February 18, 1767._--Petition against the bill from various ‘Owners

or Occupiers of Cottages or Tenements in the parish of Stanwell,’

setting forth ‘that the Petitioners in Right of their said Cottages and

Tenements are severally intitled to Common of Pasture for their Cattle

and Sheep upon all the said Commons, Moors, and Waste Lands, at all

Times of the Year, except for Sheep, without any Stint whatsoever, as

also a Right of intercommoning their Cattle and Sheep, with those of

the Tenants of divers other Manors, at all Times in the Year, upon the

large Common called _Hounslow Heath_: and the Petitioners in the Rights

aforesaid, are also intitled to and do enjoy Common of Turbary on the

said Commons and Heath, and that the Lord of the Manor of Stanwell

lately caused part of the said Moors within the said Parish, to be

fenced in, and inclosed with Pales for his own sole and separate Use,

without the Consent of the Petitioners and other Persons intitled to a

Right of Common therein, which said Pales have been since pulled down

by several of the Petitioners and others, against whom several Actions

have been commenced by the Lord of the said Manor, in order to try the

Petitioners’ said Right of Common therein, all which Actions are now

depending; and that the Petitioners apprehend, and believe, in case

the said Bill should pass into a Law, the Legality of the Petitioners’

said Rights will be left to the Determination of Commissioners

unqualified to judge of the same: and that in case the Petitioners’

said Rights should be allowed by such Commissioners, that no adequate

Compensation in Land will or can be awarded to the Petitioners for the

same: and that the dividing and inclosing the said Commons, Moors, and

Waste Lands within the said Parish, will greatly injure and distress

many....’ Another petition was presented on the same day from George

Richard Carter, Esq., Samuel Clark, Esq., Jervoise Clark, Esq., John

Bullock, Esq., and several others, being owners and proprietors of

Farms and Lands in the parish of Stanwell, setting forth that the

Petitioners, as also the Owners of near 100 Cottages or Tenements

within the said Parish, and their respective Tenants are entitled to

right of pasture as in the petition given above, and stating that

inclosing will be attended with great inconvenience.

On February 26 came yet another petition from owners and occupiers in

the parishes of Harmondsworth, Harlington, Cranford, Heston, Isleworth,

Twickenham, Teddington, Hampton, Hanworth, Feltham, and East Bedfont in

Middlesex, setting forth that the Commons and Waste Lands in the parish

of Stanwell were part of Hounslow Heath, over which the petitioners had

right of pasture, and stating that if the part of the Heath in Stanwell

parish were inclosed it would be very injurious to all the owners and

occupiers in the parish of Stanwell, except to the Lord of the Manor,

and would also be prejudicial to the petitioners.

All these petitions were ordered to lie on the table till the second

reading, which took place on February 26. Counsel was heard for and

against the Bill; the motion that the Bill should be committed was

defeated by 34 to 17 votes, and thus the farmers were able to parade

along Pall Mall with cockades in their hats.[500]

_Second Attempt, February 20, 1789._--Petition from the Lord of the

Manor (Sir William Gibbons), the Vicar and others for enclosure. Leave

given. Bill read twice.

REPORT AND ENUMERATION OF CONSENTS.--_March 30, 1789._--Sir William

Lemon reported from the Committee that the Standing Orders had been

complied with; that the allegations were true, and that the parties

concerned had given their consent ‘(except the Proprietors of Estates

of the Annual Value of £164, 14s. or thereabouts who refused to sign

the Bill, and also except the Proprietors of £220, 5s. 8d. per Annum or

thereabouts who did not chuse to sign the Bill, but made no Objection

to the Inclosure, and also except some small Proprietors of about £76

per Annum who could not be found, and that the whole Property belonging

to Persons interested in the Inclosure amounts to £2,929, 5s. 4d. per

annum or thereabouts).’ Bill passed both Houses. Royal Assent, May 19,

1789.

MAIN FEATURES OF ACT.--(Private, 29 George III. c. 15.)

COMMISSIONERS.--Edward Hare of Castor, Northampton, Gentleman;

William Young of Chancery Lane, Gentleman; Richard Davis of Lewknor,

Oxford, Gentleman. Two a quorum. Vacancies to be filled by remaining

Commissioners from persons not interested in the Inclosure.

SURVEYOR.--One named. Vacancy to be filled by Commissioners.

PAYMENT TO COMMISSIONERS.--£2, 2s. for each working day. Nothing about

Surveyor’s pay.

Special clause that certain Surveys already made may be used.

CLAIMS.--All claims about Right of Common ‘and all Differences and

Disputes which shall arise between the Parties interested, or claiming

to be interested in the said intended Division and Inclosure, or any of

them concerning their respective Rights, Shares, and Interests in the

said open Fields, arable and meadow Grounds, and Lammas Lands, Commons,

Moors, and Waste Grounds, or their respective Allotments, Shares and

Proportions which they, or any of them ought to have’ in the division,

are to be heard and determined by the Commissioners. This determination

is to be binding and conclusive on all parties; except with regard to

matters of Title which can be tried at law.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

(1) _Lords of the Manor_ (Sir William Gibbons, Thomas Somers Cocks,

Esq., and Thomas Graham, Esq.).--One sixteenth part of the residue of

the Moors and Waste Lands, when roads and allotment for gravel have

been deducted.

(2) _Tithe Owners._--Not to be prejudiced by the Act. Land still to be

liable to tithes as before.

(3) _Gravel Pits._--For roads and for use of inhabitants; not more than

3 acres.

(4) _Provision for Poor._--Such parcel as the Commissioners think

proper (‘not exceeding in the whole 30 Acres’). To be vested in the

Lords of the Manor, the Vicar, Churchwardens, and Overseers, and to be

let out, and the rents and profits thereof to be given for the benefit

of such occupiers and inhabitants as do not receive parish relief,

or occupy lands and tenements of more than £5 a year, or receive any

allotment under the Act.

_Allotment of Residue._--The land to be divided among the various

persons interested ‘in proportion and according (Quantity, Quality and

Situation considered) to their several and respective Shares, Rights,

and Interests therein.’ If the Commissioners think that any of the

allotments in the common fields are too small to be worth enclosing

they may lay such proprietors’ allotments together.

_Certain principles to be followed._--Owners of cottage commons who

are also proprietors of lands in the open fields are to have their

allotment in virtue of their Right of Common added to the other

allotment to which they are entitled.

Owners of cottage commons who do not possess land in the open fields as

well, are to have their allotments put all together for a cow common,

with such stint as the Commissioners decide. But if they wish for

separate allotments they may have them.

Allotments must be accepted within six months after award. Failure to

accept excludes allottee from all ‘Benefit Advantage’ by this Act, and

also from all estate right or interest in any other allotment. (Saving

clause for infants, etc.)

The award is to be drawn up; ‘and the Award, and all Orders,

Directions, Regulations, and Determinations therein contained, and

thereby declared, shall be binding and conclusive to and upon all

Persons whomsoever.’ Tenure of allotments to be that of estates

in virtue of which they are granted. Copyhold allotments can be

enfranchised if wished, the Commissioners deducting a certain amount as

compensation for Lord of the Manor. Allottees lose all Right of Common

on any common in adjoining parishes.

INCROACHMENTS.--Not mentioned in Act.

EXCHANGES.--Allowed (as always). Also former exchanges can be confirmed

by the Commissioners ‘notwithstanding any legal or natural Incapacity

of any Proprietor or Owner having made any such Exchanges.’

FENCING.--To be done by allottees. If any person has an undue

proportion Commissioners have power to equalise.

_Exceptions._--(1) Fences of cow common allotment for those who have

Cottage Common only (see above), which are to be made and kept in

repair by the other proprietors; but if these allottees choose to have

separate allotments they must fence them themselves.

(2) Allotment for the Poor (30 acres).--To be fenced by other

proprietors.

(3) Allotments to charities, ditto.

If any allottee refuses to fence or keep fences in repair his neighbour

can complain to a J.P. ‘not interested’ in the inclosure, and the J.P.

can either make an order, or else empower the complainant to enter and

carry the work out at the charge of the owner.

EXPENSES.--Part of the Commons and Wastes to be sold by auction to

cover expenses. Any surplus to be laid out by Commissioners on some

lasting improvements; any deficit to be made up by proprietors as

Commissioners direct.

Commissioners are to keep accounts which must be open to inspection.

To meet expenses allotments may be mortgaged up to 40s. an acre.

COMPENSATION TO OCCUPIERS.--Leases at rack or extended rents of any of

the land to be inclosed by this Act to be void, owners paying tenants

such compensation as Commissioners direct. Satisfaction is also to be

given for standing crops, for ploughing, manuring, and tilling.

ARRANGEMENTS BETWEEN THE ACT AND AWARD.--The Commissioners are to

direct the course of husbandry ‘as well with respect to the Stocking as

to the Plowing, Tilling, Cropping, Sowing, and Laying down the same.’

ROADS.--Full power to set out roads and footpaths and to shut up

others. Turnpike roads excluded.

POWER OF APPEAL.--None.

AWARD.--Record Office.

From the Award we learn as follows:--

14 parcels of land, containing in all over 123 acres were sold to cover

expenses for £2512.

31-1/2 acres are allotted to the Lords of the Manor (Sir William

Gibbons, Thomas Somers Cocks, and Thomas Graham) in lieu of their

rights as Lords of the Soil.

490 acres to Sir William Gibbons in trust for himself and the other

Lords of the Manor in lieu of all other claims (freehold lands, rights

of common, etc.).

69 acres to the mortgagees of the late Sir J. Gibbons.

6 acres to the Trustees of the late Sir J. Gibbons.

400 acres to Edmund Hill, Esq. (who also bought 117 acres of the land

sold to defray costs).

100 acres to Henry Bullock, Esq.

72 acres to Thomas Hankey, Esq.

45 acres to Jervoise Clark Jervoise, Esq.

Allotments of from 20 to 40 acres to eleven other allottees.

Allotments of from 10 to 20 acres to twelve allottees.

Allotments of from 12 perches to 9 acres to seventy-nine allottees.

Twenty-four of these smaller allotments (including six of less than

2 acres) are given in lieu of open field property; the remaining

fifty-five are given in compensation for common rights of some sort or

other.

Sixty-six cottages appear as entitling their owners to

compensation.[501] Of these 66, 16 belong to Henry Bullock and 8 to

Sir William Gibbons, and the remaining 42 to 38 different owners. The

allotments to cottages vary from a quarter of an acre (John Merrick) to

over an acre (Anne Higgs). The owners of cottage commons only had their

allotments separately and not in common.

APPENDIX A (11)

WAKEFIELD, YORKS.--ENCLOSURE ACT, 1793

AREA.--2300 acres ‘or thereabouts.’

NATURE OF GROUND.--Open Common Fields, Ings, Commons, Waste Grounds,

within the townships of Wakefield, Stanley, Wrenthorpe, Alverthorpe,

and Thornes.

PARLIAMENTARY PROCEEDINGS.--_January 23, 1793._--Petition from several

owners and proprietors for enclosure. Leave given to prepare bill.

January 28, Wilberforce presented it; February 18, it was committed to

Wilberforce, Duncombe and others.

_February 28._--Petition against the bill from the Earl of Strafford,

stating that the bill will greatly affect and prejudice his property.

Petition referred to Committee.

Same day, Petition against the bill from several Persons, being Owners

of Estates and Occupiers of Houses in the Town and Parish of Wakefield.

‘Setting forth, That, if the said Bill should pass into a Law, as it

now stands, the same will greatly affect and prejudice the Estates

and Property of the Petitioners, (viz.), their being deprived of the

Benefit they now receive from the Pasturage of the Ings, from the

12th of August to the 5th of April, and for which they cannot receive

any Compensation adequate thereto, as well as the Restrictions which

exclude the Inhabitants from erecting Buildings on Land that may be

allotted to them for Twenty, Forty, and Sixty Years, on different Parts

of Westgate Common, as specified in the said Bill.’ This petition also

was referred to the Committee.

REPORT AND ENUMERATION OF CONSENTS.--_March 12._--Wilberforce reported

from the Committee that the Standing Orders had been complied with,

that they had considered the first Petition (Lord Strafford’s), (no

one had appeared to be heard on behalf of the second Petition),

that they found the allegations of the Bill true, that ‘the Parties

concerned’ had given their consent to the Bill, and also to adding

one Commissioner to the three named in the Bill ‘(except the Owners

of Estates whose Property in the Lands and Grounds to be divided and

inclosed is assessed to the Land Tax at £5 per Annum or thereabouts,

who refused to sign the Bill; and also, except the Owners of Estates

whose Property in the said Lands and Grounds is assessed to the Land

Tax at about £51 per Annum, who have either declared themselves

perfectly indifferent about the Inclosure, or not given any Answer to

the Application made to them respecting it; and that the whole Property

belonging to Persons interested in the Inclosure is assessed to the

Land Tax at £432 per Annum, or thereabouts ...).’

Bill passed Commons and Lords. March 28, Royal Assent.

MAIN FEATURES OF ACT.--(Private, 33 George III. c. 11.)

COMMISSIONERS.--Four appointed. (1) Richard Clark of Rothwell Haigh,

Gentleman; (2) John Renshaw of Owthorp, Notts, Gentleman; (3) John

Sharp of Gildersome, Yorks, Gentleman; (4) William Whitelock of

Brotherton, Yorks, Gentleman; the first representing the Duke of Leeds,

the second the Earl of Strafford (no doubt this was the Commissioner

added in Committee), and the other two representing the Majority in

Value of the Persons interested. Any vacancy to be filled up by the

party represented, and new Commissioners to be ‘not interested in the

said Inclosure.’ Three to be a quorum. In case of dispute and equal

division of opinion amongst the Commissioners, an Umpire is appointed

(Isaac Leatham of Barton, Gentleman); the decision of Commissioners and

Umpire to be final and conclusive.

PAYMENT TO COMMISSIONERS.--2 guineas each for each working day. The

Surveyors (2 appointed) to be paid as Commissioners think fit.

CLAIMS.--All claims with full particulars of the nature and tenure of

the property on behalf of which the claim is made are to be handed

in at the 1st or 2nd meeting of the Commissioners; no claim is to be

received later except for some special cause; and the determination of

the Commissioners as to the various claims is to be binding and final.

There are, however, three exceptions to the above, (1) Persons claiming

in virtue of Messuages and Tofts need not prove usage of common; (2)

Any Person who is dissatisfied with regard to his own or some one

else’s claim, may give notice in writing, and the Commissioners are

then to take Counsel’s opinion on the matter. The Commissioners are

to choose the Counsel, who is to be ‘not interested in the Premises.’

The Commissioners may also on their own responsibility take Counsel’s

opinion at any time they think proper; Counsel’s opinion is to be

final. The costs are to be paid by the party against whom the dispute

is determined, or otherwise as the Commissioners decide; (3) The Earl

of Strafford is exempted from specifying particulars of Tenure in

making his claim, for there are disputes on this subject between the

Duke and the Earl, ‘which Matters in Difference the said Duke and Earl

have not agreed to submit to the Consideration or Determination of the

said Commissioners.’ The Commissioners need not specify the tenure of

the Earl’s share in making their award, and if the Duke and Earl go to

law about their dispute and the matter is settled in a Court of Equity,

then the Commissioners are to make a second special Award for them.

SYSTEM OF DIVISION--SPECIAL PROVISIONS:

_Provisions for the Lord of the Manor_--‘the Most Noble Francis, Duke

of Leeds.’--

(1) Such part of the Commons and Waste Grounds as is ‘equal in Value

to One full Sixteenth Part thereof in lieu of and as a sufficient

Recompence for his Right to the Soil of the said Commons and Waste

Grounds, and for his Consent to the Division and Inclosure thereof;

(2) An allotment of the Commons and Waste Grounds to be (in the

judgment of the Commissioners) a fair compensation for his Coney

Warrens which are to be destroyed;

(3) An allotment equal in value (in the judgment of the Commissioners)

to £40 a year as compensation for the reserved Rents he has been

receiving from persons who have made incroachments during the last 20

years;

(4) An allotment or allotments of not more than 5 acres in the whole,

to be awarded in such place as the Duke or his Agents appoint, close

to one of his stone quarries, as compensation for the right given by

the Act to other allottees of the Common of getting stone on their

allotments;

(5) The value of all the timber on allotments from the common is to be

assessed by the Commissioners, and paid by the respective allottees to

the Duke. If they refuse to pay, the Duke may come and cut down the

timber ‘without making any Allowance or Satisfaction whatsoever to the

Person or Persons to whom any such Allotment shall belong, for any

Injury to be done thereby’;

(6) The Duke’s power to work Mines and to get all Minerals is not to be

interfered with by anything in this Act but the ‘Owners or Proprietors

of the Ground wherein such Pits or Soughs shall be made, driven, or

worked, or such Engines, Machines or Buildings erected, or such Coals

or Rubbish laid, or such Ways, Roads or Passages made and used,’ are

to have a ‘reasonable Satisfaction for Damages.’ The payment of the

reasonable Satisfaction however is not to fall on the Duke, but on all

the allottees of the Commons and Waste Grounds who are to meet together

in the Moot Hall and appoint a salaried officer to settle the damages

and collect the money by a rate raised according to the Poor Rate

of the previous year. If the claimant and the officer fail to agree,

arbitrators, and ultimately an umpire, can be appointed.

_Provisions for Tithe Owners._--A fair allotment is to be given to

the Vicar in compensation for his small Tythes. In cases where the

allottees have not enough land to contribute their due share to the

tithe allotment, they have to pay a yearly sum instead.

_For Stone and Gravel_, _etc._--Suitable allotments for stone and

gravel, etc., to be made ‘for the Use and Benefit’ of all allottees

‘for the Purpose of getting Stone, Sand, Gravel, or other Materials

for making and repairing of the public Roads and Drains’; but these

allotments are not to include any of the Duke’s or of his tenants’

stone quarries.

_Provision for the Poor._--None.

_Allotment of Residue._--(1) The open fields are to be divided out

amongst the present proprietors in proportion to their present value

and with regard to convenience; unless any owner of open-field land

specially asks for an allotment elsewhere; (2) The owners of Ings are

to have Ings allotted to them, unless they wish for land elsewhere; (3)

The Commons and Waste grounds are first to have the various allotments

to the Lord of the Manor and the Vicar specified above, and also the

allotment for Stone and Gravel for roads deducted from them, and then

the residue is to be allotted ‘among the several Persons (considering

the said Duke of Leeds as one) having Right of Common in or upon the

said Commons and Waste Grounds’ in the following fashion; one half is

to be divided among the Owners or Proprietors of Messuages, Cottages

or Tofts with Right of Common, according to their several Rights and

Interests; the other half, together with the rest and residue of Land

to be divided, is to be allotted among the Owners or Proprietors of

open common fields, Ings, and old inclosed Lands according to their

several rights and interests ‘without any undue Preference whatsoever.’

The Commissioners are also directed to pay due regard to situation

and to putting the different allotments of the same person together.

Allotments are to be of the same tenure, _i.e._ freehold or copyhold,

as the holdings in respect of which they are claimed, but no fines are

to be taken on account of the allotment.

With respect to the allottees of allotments on Westgate Moor, a special

clause (see petition on January 23) is inserted. They are forbidden to

put up any House, Building or Erection of any kind on one part for 20,

on another for 40, on another for 60, years, unless the Duke consents,

the object being ‘thereby the more advantageously to enable the said

Duke, his Heirs and Assigns, to work his Colliery in and upon the same

Moor.’

The award, with full particulars of allotments, etc., is to be drawn

up and is to be ‘final, binding, and conclusive upon all Parties and

Persons interested therein.’

If any person (being Guardian, etc., tenant in tail or for life of

lessee, etc.) fails to accept and fence, then Commissioners can do

it for him and charge; if he still refuses, Commissioners can lease

allotment out and take rent till Expenses are paid.

INCROACHMENTS.--Incroachments 20 years old are to stand; those made

within 20 years are to be treated as part of the Commons to be divided,

but they are, if the Commissioners think it fit and convenient, to be

allotted to the person in possession without considering the value of

erections and improvements. Three contingencies for allotment to the

person in possession are provided for;--(1) if he is entitled to an

allotment, his incroachment is to be treated as part or the whole of

his allotment;

(2) If his incroachment is of greater value than the allotment he

is entitled to, then he is to pay whatever extra sum of money the

Commissioners judge right;

(3) If he is not entitled to any allotment at all, then he has to pay

the price set on his incroachment by the Commissioners.

If the Commissioners do not allot an incroachment to the person in

possession, they may sell it at public auction and apply the money

to the purposes of the Act, or they may allot it to someone not in

possession, in which case a ‘reasonable’ sum of money is to be given to

the dispossessed owner, the new allottee paying the whole or part of it.

The above provisions apply to the ordinary incroachers; the Duke has

special arrangements. If he has made any new incroachments during

the last 20 years in addition to any older incroachments, these new

incroachments are to be valued by the Commissioners, and the Duke is

to have them either as part of his allotment or for a money payment,

as he chooses; also ‘whereas the Tenants of the said Duke of Leeds of

the Collieries on the said Commons and Waste Lands ... have from Time

to Time erected Fire Engines, Messuages, Dwelling Houses, Cottages and

other Buildings upon the said Commons and Waste Lands, and made several

other Conveniences thereon for the Use and Accommodation of the said

Collieries, and the Persons managing and working the same, a great Part

of which have been erected and made within the last Twenty Years, these

are not to be treated like other incroachments, but are to ‘be and

continue the absolute Property of the said Duke of Leeds, his Heirs and

Assigns, in as full and ample Manner’ as if the erections had been made

more than 20 years before.

FENCING.--All allotments are to be fenced at the expense of their

several proprietors ‘in such Manner, Shares and Proportions as the said

Commissioners shall ... direct’ with the following exceptions--(1)

the Vicar’s allotment for small Tithes is to be fenced by the other

proprietors; (2) the allotments to Hospitals, Schools, and other public

Charities are to have a certain proportion deducted from them to cover

the cost of fencing. Allottees who refuse to fence can be summoned

before a J.P. by their neighbours, and the J.P. (who is not to be

interested in the Enclosure) can make an order compelling them to fence.

To protect the new hedges, it is ordered that no sheep or lambs are to

be turned out in any allotment for 7 years, unless the allottee makes

special provision to protect his neighbour’s young quickset, and no

beasts, cattle or horses are to be turned into any roads or lanes where

there is a new-growing fence.

EXPENSES.--Part of the Commons and Waste Grounds is to be sold to

cover the expences; if the proceeds do not cover the costs the residue

is to be paid by the allottees in proportion to their shares, and

any surplus is to be divided among them, But Hospitals, Schools, and

Public Charities are exempted from this payment, a portion of their

allotments, in fact, having been already deducted in order to pay

their share of Expenses. The Commissioners are to keep an account of

Expenses, which is to be open to inspection. The owners of Ings are to

pay a sum of money in return for the extinction of the right of Eatage

(referred to by the Petitioners) on their land from August 12 to April

5; and this money is to be applied for the purposes of the Act.

If allottees find the expenses of the Act and of fencing more than they

can meet, they are allowed (with the consent of the Commissioners)

to mortgage their allotments up to 40s. an acre. If they dislike

this prospect, they are empowered by the Act, at any time before the

execution of the Award, to sell their rights to allotment in respect of

any common right.

COMPENSATION TO OCCUPIERS.--Occupiers are to pay a higher rent in

return for the loss of the use of common rights. The clause runs

as follows:--‘That the several Persons who hold any Lands or other

Estates, to which a Right of Common upon the said Commons and Waste

Grounds is appurtenant or belonging, or any Part of the said Open

Common Fields or Inclosures, by virtue of any Lease, of which a longer

Term than One Year is unexpired, shall and are hereby required to

pay to their respective Landlords such Increase of Rent towards the

Expences such Landlords will be respectively put to in Consequence of

this Act, as the said Commissioners shall judge reasonable, and shall

by Writing under their Hands direct or appoint, having Regard to the

Duration of such respective Leases, and to the probable Benefit which

will accrue to such respective Lessees by Reason of the said Inclosure.’

ROADS.--Commissioners to have full power to set out and shut up roads

and footpaths (turnpike roads excepted).

POWER OF APPEAL.--To Quarter Sessions only, and not in any cases where

the Commissioners’ decisions are final, binding, or conclusive, as

they are, _e.g._ on claims (except the Earl of Strafford’s) and on

allotments.

AWARD.--Not with Clerks of Peace or of County Council, or in Record

Office.

APPENDIX A (12)

WINFRITH NEWBURGH, DORSET.--ENCLOSURE ACT, 1768

AREA.--2254 Acres or thereabouts.

NATURE OF GROUND.--Common Fields, Meadow Grounds, Sheep Downs, Commons,

Common Heaths, and other Waste Grounds.

(In Report, Common Arable Fields and Common Meadows = 1218 acres.)

PARLIAMENTARY PROCEEDINGS.--_December 1, 1767._--Petition for enclosure

from Edward Weld, Esq., George Clavell, Esq., Benjamin Thornton, Clerk,

William Weston, Clerk, John Felton, Gentleman, and others. Leave

given; bill read twice and committed on December 11 to a Committee of

42 members in addition to the members for Dorset, Somerset, Devon and

Cornwall. All to have Voices. January 25, 1768, Petition from persons

being Freeholders, Proprietors of Estates or otherwise interested,

against the bill stating ‘that if the said Bill should pass into a

Law the Estates of the Petitioners and others in the said Parish

will be greatly injured, and several of them must be totally ruined

thereby; and that some of the Petitioners, by Threats and Menaces,

were prevailed upon to sign the Petition for the said Bill; but upon

Recollection, and considering the impending Ruin they shall be subject

to by the Inclosure, beg Leave now to have Liberty to retract from

their seeming Acquiescence in the said Petition,’ and ask to be heard

by Counsel against the Bill. Petition referred to the Committee.

_January 29, 1768._--Mr. Bond reported from the Committee that there

was an erasure in the prayer of the said Petition and asked for

instructions. A fresh Committee of 36 members (many of whom were also

members of the other Committee) was appointed to examine into the

question of how the erasure was made, and whether it was previous or

subsequent to the signing. This Committee was ordered to report to the

House, but there is no record of its report.

REPORT AND ENUMERATION OF CONSENTS.--_February 2, 1768._--Mr. Bond

reported from the Committee that the allegations were true, and that

the ‘Parties concerned’ had given their consent ‘(except Four Persons

who could not be found whose Property in the Common Meadows to be

inclosed amounts to Five Acres, Three Roods, Twenty Three Perches

and a half; and also except Four other Persons who, when applied to

for their Consent to the Bill, refused to sign, though they declared

they had no Objection, and whose Property in the Common Meadows to be

inclosed amounts to Four Acres, One Rood, Thirty Eight Perches; and

also except Six Persons whose Property in the Common Arable Fields

and Common Meadows to be inclosed mounts to One hundred and twenty

two Acres, Thirty Three Perches, who refused to sign the Bill; and

also, except Three Persons, whose Property in the Common Arable Fields

and Common Meadows, to be inclosed, amounts to One hundred and seven

Acres, Twenty Three Perches, who hold under Copies of Court Roll,

granted on Condition that they would join in any Act or Deed for the

dividing and inclosing the said Common Fields, and Meadows, and other

Commonable Lands within the said Manor, when thereto requested by the

Lord of the said Manor; and that the whole Number of Acres in the said

Common Arable Fields and Common Meadows is One thousand, Two hundred

and eighteen, Twenty Eight Perches and a half, and that the Rector of

Winfrith Newburgh and Vicar of Campden, who are intitled to all the

Great and Small Tithes arising out of the said Common Arable Fields and

Common Meadows have consented thereto).’

_February 2, 1768_ (same day).--Another Petition against the bill from

Freeholders, Proprietors and Persons otherwise interested stating

that the Inclosure is ‘contrary to the general Sense of the Persons

interested therein,’ and will be ‘injurious to the Property of the

Petitioners and others, the smaller Landholders within the said Parish,

some of whom must, in the Petitioners’ Judgment, be totally ruined

thereby.’ Petitioners to be heard when Report considered.

_February 3, 1768._--Report considered. House informed that no Counsel

attended. Report read. Clause added settling the expenses to be paid

by Copyholders and Lessees for Lives. Bill sent to Lords. February

9, Committed. Same day, Petition against it from various persons as

‘contrary to the general Sense of the Persons interested therein.’

Referred to Committee. February 12, Lord Delamer reported from the

Committee without amendment. February 24, Royal Assent.

MAIN FEATURES OF ACT.--(Private, 8 George III. c. 18.)

COMMISSIONERS.--Seven appointed. (1) John Bond, Esq., of Grange; (2)

David Robert Mitchell, Esq., of Dewlish; (3) Nathaniel Bond, Esq., of

West Lulworth; (4) Thomas Williams, Esq., of Herringstone; (5) William

Churchill, Esq., of Dorchester; (6) George Lillington of Burngate,

Gentleman; (7) Joseph Garland of Chaldon, Gentleman; all of Dorset.

Sometimes 3, sometimes 4 a quorum. Vacancies to be filled up by

remaining Commissioners from persons not interested in the land to be

inclosed.

Survey to be made if Commissioners ‘shall think the same necessary.’

PAYMENT.--Nothing stated.

CLAIMS.--Commissioners to examine into and determine on all claims;

and ‘in case any Difference or Dispute shall arise between all or

any of the Parties interested in the said Division and Inclosure,

with respect to the Premises, or any Matter or Thing herein contained

or consequent thereon, or in relation thereunto, the same shall be

adjusted and finally determined between the said Parties, and every

of them, by the said Commissioners, or any Three or more of them.’

Commissioners can examine witnesses on oath, ‘and the Determinations of

the said Commissioners, or any Three or more of them therein, shall be

binding and conclusive to all and every the said Parties....’

SYSTEM OF DIVISION--SPECIAL PROVISIONS: