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:
_Lords of the Manor_ (Edward Weld, Esq., of Winfrith Newburgh; George Clavell, Esq., of Langcotts and East Fossell).--No special provision for allotment. Their Manorial Rights are not to be prejudiced by Act except as regards ‘the Mines, Delves, and Quarries lying within and under such Parts, Shares, and Proportions of the said Common Fields, Meadow Grounds, Sheep Downs, Commons, Common Heaths and other Waste Grounds, as shall or may be allotted and assigned to the several other Freeholders and Owners of Lands’ within these Manors ‘or to any Person or Persons not having any Lands within the said In-Parish or Manors, or within the Precincts thereof as aforesaid, in Lieu of or as an Equivalent for such Right or Claim as aforesaid; and other than and except such Common of Pasture and other Common Rights as can or may be claimed by or belonging to the Lord or Lords of the said Manors in and upon the Premises so intended to be divided and inclosed as aforesaid.’
_Tithe Owners._--Tithe owners to have the same rights to Tithes over the land about to be inclosed as they have over the lands already inclosed.
If arable land is converted to pasture on inclosure (for Dairy Cows or Black Cattle) then allottees shall pay an annual 3s. an acre to tithe owners as compensation for corn tithes. Allotments given in virtue of estates which are Cistertian Lands, are to be deemed Cistertian Lands too, _i.e._ to have same exemption from tithes, but any Cistertian Lands which are allotted are to be under the same obligations for tithes as the estates in virtue of which they are allotted.
_Provision for the Poor._--None.
_Provision for Fuel Allotment._--Commissioners are to ascertain and determine all Rights of Common over the land to be enclosed, and are then to set out such part or parts ‘as shall appear to them to be sufficient, and to be conveniently situate for the preserving and raising Furze, Turf, or other Fuel, for the Use of the several Persons’ who shall appear to the Commissioners to be intitled to a Right of Common.
_Allotment of Residue._--Amongst all persons who appear to the Commissioners to be intitled to a Right of Common, or to have or be intitled to any other Property in the said Common Fields, etc., in such proportions as the Commissioners judge right ‘without giving any undue Preference,’ and with due regard to Quality, Quantity, and Situation.
But the following Rules are to be observed with regard to proportions:--
(1) Common Fields and Sheep Downs are to be divided ‘by and according to the Parts and Proportions of the Arable Lands lying in the said Common Fields, where the said Parties respectively now are, or, at the Time of such Allotments so as aforesaid to be made shall be intitled to.’
(2) Meadow Grounds, Commons, Common Heaths, and other Waste Grounds to be divided ‘according to the Sum or Sums of money which the said
## Parties and each of them now stand charged with towards the Relief of
the Poor of the said Parish’ in respect of their lands which have right of common.
_Special Clause._--In case it appears to the Commissioners that any persons who have no land, nevertheless have a right of common, then the Commissioners can allot such person such part of the land to be inclosed as they think an equivalent for such right of common. In order to prevent all Differences and Disputes, the Commissioners are to draw up an Award, and this Award shall be binding and conclusive to all and every Person and Persons interested. Failure to accept within 6 months excludes allottee from all benefit and advantage of this Act, and also ‘from any Estate, Interest or Right of Common, or other Property whatsoever’ in any other allotment. (Saving clause for infants, etc.)
INCROACHMENTS.--Not mentioned.
FENCING, etc.--To be done by allottees in such proportions as Commissioners direct. Such directions to be put in award, and to be final and binding. Fences to be made within 12 months, or some other convenient space of time.
If an allottee fails to fence, his neighbour can complain to a J.P. (not interested in the inclosure), who can authorise complainant to do it, and either charge defaulter or to enter on premises and receive rents till expenses paid. _Exception._--Allotment of Copyholders and leaseholders for one or more lives are to be fenced partly by the Lord of the Manor and partly by the allottees in such proportion as the Commissioners (or 4 of them) direct.
EXPENSES.--(1) Expenses of obtaining and passing the Act to be borne by the Lords of the Manor.
(2) Expenses of carrying out the Act (survey, allotment, Commissioners’ charges, etc.) to be borne by the several allottees in proportion to the Quantity of Land allotted to them, or otherwise as Commissioners direct. _Exception._--Tithe owners’ share to be borne by the Lords of the Manor. Commissioners can distrain for payment.
Trustees, Tenants in Tail or for Life may mortgage up to 40s. an acre.
COMPENSATION.--Leases and agreements at Rack Rent to be void, owners making such compensation to Lessees as Commissioners judge right.
ROADS.--Commissioners have power to set out and shut up roads and footpaths.
POWER OF APPEAL.--To Quarter Sessions only, and not when Commissioners’ determination said to be final.
AWARD.--August 17, 1771. With Dorset Clerk of Peace or of County Council.
APPENDIX A (13)
QUAINTON.--ATTEMPTED ENCLOSURE, 1801
PARLIAMENTARY PROCEEDINGS.--_March 20, 1801._--Petition for enclosures from ‘several persons.’ Leave given. Earl Temple, Sir William Young, and Mr. Praed to prepare bill.
_April 2._--Bill read first time.
_April 13._--Petition from various proprietors of Lands, Common Rights, and other Hereditaments against the bill, stating that enclosure ‘would be attended with an Expence to the Proprietors far exceeding any Improvement to be derived therefrom.’ Ordered to be heard on second reading.
_April 15._--Bill read second time. Petitioners declined to be heard. Bill committed to Mr. Praed, Earl Temple, etc.
_April 21._--Petition against the bill from various proprietors stating ‘that the Proprietors of the said Commonable Lands are very numerous, and the Shares or Properties belonging to most of them are so small that the proposed Division and Inclosure would be attended with an Expence far exceeding any Improvement to be derived therefrom; and that a great Majority in Number of the said Proprietors dissent to the said Bill, and the Proprietors of more than One-third, and very nearly One-half Part in Value, of the Lands to be inclosed, also dissent thereto; and that many of the Clauses and Provisions in the said Bill are also highly injurious’ to the petitioners.
Referred to the Committee. All to have voices.
REPORT AND ENUMERATION OF CONSENTS.--_June 12._--Mr. Praed 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 owners of Estates assessed to the Land Tax at £39, 12s. 6-1/4d. who refused to sign the bill, and the owners of Estates assessed at £3, 10s. 0d. who were neuter; and that the whole of the Estates ‘interested’ were assessed at £246, 8s. 6d.).
Same day.--Petition against the bill from Richard Wood on behalf of himself and other proprietors who were parties to the former petition, Richard Wood being the only one left in London, setting forth ‘that the said Bill proposes to inclose only a Part of the said Parish of Quainton, consisting of 3 open Arable Fields, and about 280 Acres of Commonable Land, lying dispersedly in, or adjoining to the said Open Fields, the rest of the said Parish being Old inclosed Lands’; that the agent for the bill had given the Committee a statement (1) of the names of the persons interested; (2) of the amount at which these persons were assessed to the Land Tax for their property throughout the parish, according to which statement it appeared, first, that of the 34 persons interested, ‘not being Cottagers,’ 8 assented, 4 were neuter, and 22 dissented; but that, second, as stated in terms of Land Tax Assessment, £203, 5s. 11-3/4d. assented, and £39, 12s. 6-1/4d. dissented; that this statement was wrong inasmuch as the proprietors of old inclosed lands had in respect of old inclosures no rights over the commonable lands, and that therefore no old inclosed land could rank as property ‘interested’ in the inclosure. The petitioners gave the following enumeration of Consents as the correct one; whole quantity of land in the Open Fields, ‘in respect of which only a Right of Common could be claimed,’ 42-1/4 yard lands:--
Land belonging to those who assented, 21-3/4 yard lands „ „ dissented, 19-1/2 „ „ „ were neutral, 1 yard land
or in terms of annual value--
Assenting, £406 10 0 Dissenting, 370 0 0 Neutral, 37 0 0
The petitioners further stated that their Counsel had offered to call witnesses before the Committee to prove the above facts; that the agent for the bill had retorted that old inclosed lands had a right in the Commons, although he did not pretend that such right had ever been enjoyed, or produce any witness to show that it had ever been claimed, but supported his claim by quoting a clause in the bill by which it was proposed that the Rector’s Tithes for the old inclosures as well as the new should be commuted for an allotment of land; and that the Committee refused to hear the evidence tendered by the petitioners’ Counsel. This Petition was referred to the Committee to whom the bill was recommitted, and the bill was dropped.
APPENDIX A (14)
SUBSEQUENT HISTORY OF KING’S SEDGMOOR
In 1775, Mr. Allen, Member of Parliament for Bridgwater, tried to get an enclosure bill passed. ‘Sanguine of success, and highly impressed with the idea of its importance, he purchased a large number of rights, and having obtained a signature of consents, went to Parliament; but not having interest enough in the House to stem the torrent of opposition, all his delusive prospects of profit vanished, and he found himself left in a small but respectable minority.’[502] No further attempt was made till 1788, when a meeting to consider the propriety of draining and dividing the moor, was held at Wells. ‘At this meeting Sir Philip Hales presided; and after much abuse and opposition from the lower order of commoners, who openly threatened destruction to those who supported such a measure, the meeting was dissolved without coming to any final determination.
‘The leading idea was, however, afterwards pursued, with great assiduity, by Sir Philip, and his agent Mr. Symes of Stowey; and by their persevering industry, and good management,’[503] application was again made to Parliament in 1791.
PARLIAMENTARY PROCEEDINGS.--_February 18, 1791._--Petition from several Owners and Proprietors for a bill to drain and divide the tract of waste ground of about 18,000 acres called King’s Sedgmoor. Petitioners point out that the moor is liable to be overflowed, ‘and thereby the same is not only less serviceable and useful to the Commoners, but also, by reason of the Vapours and Exhalations which arise from thence, the Air of the circumjacent Country is rendered less salubrious’; also that it would be ‘beneficial, as well to the wholesomeness of the neighbouring Country as also to the Profitableness of the Pasturage of the said Moor’ if it were drained and divided into Parochial or other large allotments. The House was also informed that the expense of the undertaking was not proposed to be levied by Tolls or Duties upon the
## Parties interested.
Leave given. Mr. Philips and Sir John Trevelyan to prepare. February 28. Bill committed to Mr. Philips, Mr. Templar, etc.
REPORT AND ENUMERATION OF CONSENTS.--_March 7._--Mr. Philips reported that the Standing Orders had been complied with, that the allegations were true, and that the parties concerned had consented ‘(except the Owners of 107 Rights on the said Moor, who declared themselves neuter in respect to the Bill; and also except the Owners of 84 Rights, who declared themselves against the Bill; and that the whole of the Rights on the said Moor consist of 1740, or thereabouts; and that no Person appeared before the Committee to oppose the Bill).’
The Bill passed Commons, March 9; Lords, April 15. Royal Assent, May 13.
Billingsley, after describing the attempts to enclose Sedgmoor, remarks (p. 192): ‘I have been thus particular in stating the progress of this business merely to show the impropriety of calling public meetings with a view of gaining signatures of consent or taking the sense of the proprietors in that way. At all publick meetings of this nature which I ever attended noise and clamour have silenced sound sense and argument. A party generally attends with a professed desire to oppose, and truth and propriety have a host of foes to combat. Whoever therefore has an object of this kind in view let him acquire consent by _private application_; for I have frequently seen the good effects thereof manifested by the irresistible influence of truth when coolly and quietly administered; and it has frequently happened that men hostile to your scheme have by dispassionate argument not only changed their sentiment but become warm partisans in that cause which at first they meant to oppose.’
The task of Sir Philip and Mr. Symes in acquiring consents by the cool and quiet administration of truth must have been considerably lightened by the fact that Parliament anticipated the Commissioners with extraordinary accuracy in disregarding 55% of the claims. The Commissioners, says Billingsley, investigated 4063 claims, of which only 1798 were allowed. The Parliamentary Committee had asserted that there were 1740 rights, ‘or thereabouts.’
The Act for draining and dividing King’s Sedgmoor is not, so far as we have been able to discover, amongst the printed Statutes.
## Particulars of the expenses are given by Billingsley (p. 196), who
estimates the area at 12,000 acres:--
£ _s._ _d._ To act of parliament and all other incidental expenses, 1,628 15 0 Interest of money borrowed, 3,239 4 11 Commissioners, 4,314 7 8 Clerk, 1,215 19 0 Surveyor, 908 12 6 Printers, 362 6 3 Petty expenses, 575 11 1 Land purchased, 2,801 4 11 Drains, sluices, bridges and roads, 15,418 2 8 Awards and incidentals, 1,160 0 8 ------------ £31,624 4 8 -------------
About 700 acres were sold to discharge the expenses.
The drainage and division into parochial allotments was a preliminary to enclosure of the different parochial shares, which was of course made easier by the fact that 55% of the claims had already been disallowed. In the years 1796, ’97, and ’98, fourteen Enclosure Acts for the different parishes were passed.
(Butleigh and Woollavington, 1796. Aller, Ashcott, Compton Dundon, Higham, Othery, Moorlinch, Somerton, Street, and Weston Zoyland, 1797. Bridgwater, Chedjoy, and Midellzoy, 1798.)
Billingsley estimated that the total cost of subdividing parochial allotments would be £28,000.
He also estimated that the value of the land rose from 10s. to 35s. an acre.
FOOTNOTES:
[490] Referred to below as ‘A’.
[491] Referred to below as ‘B’.
[492] Note that the compensation to the Lords of the Manor added together comes to less than one ninety-first part of the soil.
[493] _I.e._ lands over which there is right of common for half the year between Michaelmas and Lady Day or Lammas and Lady Day.
[494] This referred to roads only, see Act.
[495] It took twenty-nine years.
[496] Sir James Lowther, afterwards Lord Lowther, who had originally petitioned for enclosure, had died in 1802. He was succeeded by his cousin, Wordsworth’s patron.
[497] These allotments were fenced by the other proprietors and did not bear any of the expenses of the Act.
[498] Including 8 acres 1 rood 5 perches for rights of soil.
[499] Nine of them women.
[500] See p. 55.
[501] See Petition, p. 379, where nearly a hundred are said to do so.
[502] Billingsley’s _Somerset_, p. 191.
[503] _Ibid._, pp. 191-2.
APPENDIX B
BEDFORDSHIRE.--CLOPSHILL, 1795.[504]
FAMILY OF SIX PERSONS.
_Expences by the Week_-- £ _s._ _d._ Bread, flour, or oatmeal, 0 7 6 Yeast and salt, 0 0 3 Thread and worsted, 0 0 2 Bacon or other meat, 0 1 6 Tea, sugar, and butter, 0 0 10-1/2 Soap, 0 0 5 Candles, 0 0 5 Beer, 0 0 7 ------------ Total of the Week, £0 11 8-1/2 ------------ Amount per Annum, £30 8 10 Rent, 1 10 0 Wood, 1 12 6 Cloaths, 2 2 0 Sickness, 0 5 0 --------- Total Expences per Annum, £35 18 4 --------- _Earning per Week_-- The man, £0 7 6 The woman, 0 1 6 The children, 0 4 0 --------- Total of the Week, £0 13 0 --------- Total Earnings per Annum, £33 16 0 --------- _N.B._--‘The Harvest earnings not included: they go a great way towards making up the deficiency.’
DORSET.--SHERBORNE, 1789.[505]
FAMILY OF FIVE PERSONS.
_Expences per Week_-- £ _s._ _d._ Bread, 0 3 0 Salt, 0 0 1-1/2 Meat, 0 0 8 Tea, etc., 0 0 2[506] Cheese, 0 0 7 Milk, 0 0 4 Soap, 0 0 2-1/2 Candles, 0 0 6 Thread, etc., 0 0 1 --------- Total, £0 5 8 ========= Amount per Annum, £14 14 8 Rent, 2 0 0 Fuel, 3 18 0 Clothes, etc., 1 0 0 --------- Total Expences per Annum, £21 12 8 ========= _Earnings per Week_-- The man, £0 6 0 The woman, 0 2 6 --------- Total, £0 8 6 ========= Total Earnings per Annum, £22 2 0 =========
HAMPSHIRE.--LONG PARISH, 1789.[507]
FAMILY OF SIX PERSONS.
_Expences per Week_-- £ _s._ _d._ Bread or Flour, 0 5 0 Yeast and Salt, 0 0 3 Bacon or other Meat, 0 1 0 Tea, Sugar, and Butter, 0 0 6 Cheese, 0 0 5 Soap, Starch, and Blue, 0 0 2 Candles, 0 0 2 Thread, Thrum, and Worsted, 0 0 3 --------- Total, £0 7 9 ========= Amount per Annum, £20 3 0
Rent, Fuel (‘both very high and scarce’), Clothes, Lying-in, etc., 7 0 0 --------- Total Expences per Annum, £27 3 0 ========= _Earnings per Week_-- The man, £0 8 0 The woman, 0 1 0 --------- Total, £0 9 0 ========= Total Earnings per Annum, £23 8 0 =========
HERTS.--HINKSWORTH, 1795.[508]
FAMILY OF SIX PERSONS.
_Expences by the Week_-- £ _s._ _d._ Bread, flour, or oatmeal, 0 10 5 Heating the oven, 0 0 4 Yeast and salt, 0 0 4 Bacon or pork, 0 3 4 Tea, sugar, and butter, 0 1 9-1/2 Soap, 0 0 5 Cheese, 0 0 7-1/2 Candles, 0 0 4 Small beer, 0 0 6-3/4 Milk, 0 0 4 Potatoes, 0 1 3 Thread and worsted, 0 0 4 ------------ Total of the Week, £1 0 0-1/2 ============ Amount per Annum, £52 2 2 Rent, 2 0 0 Cloaths, 6 5 10 Fuel, coal, wood, etc., 3 15 3 Births and burials, 1 3 6 --------- Total Expences per Annum, £65 6 9 ========= _Earnings per Week_-- The man, £0 9 2-3/4 The woman, 0 1 6 The children, 0 4 8 ------------ Total of the Week, £0 15 4-3/4 ============ Total Earnings per Annum, £40 0 7
============
NORTHAMPTONSHIRE.--CASTOR, 1794.[509]
FAMILY OF SIX PERSONS.
_Expences per Week_-- £ _s._ _d._ Bread and Flour, 0 4 3 Salt, 0 0 1 Meat, 0 1 6 Tea, Sugar, and Butter, 0 1 1 Cheese (sometimes), 0 0 5 Soap 1/4 lb., Starch, etc., 0 0 2-1/2 Candles 1/2 lb., Thread, etc., 0 0 6 ------------ Total, £0 8 0-1/2 ============
Amount per Annum, 20 18 2 Rent, 1 15 0 Fuel and coals, 1 10 0 Clothing, 2 15 0 Lying-in, loss of time, etc., 1 10 0 --------- Total Expenses per Annum, £28 8 2 ========= _Earnings per Week_-- The man, £0 7 6 The woman, 0 0 10 The children, 0 0 4 --------- Total, £0 8 8 ========= Total Earnings per Annum, £22 10 8 =========
_N.B._--To the earnings may be added what is got by gleaning.
NORFOLK.--DISS, 1793.[510]
FAMILY OF SIX PERSONS.
_Expences by the Week_-- £ _s._ _d._ Bread, flour or oatmeal, 0 4 7-1/2 Yeast and salt, 0 0 2 Bacon or other meat, 0 0 3 Tea, sugar, and butter, 0 0 9-1/4 Soap, 0 0 2-1/4 Candles, 0 0 3 Cheese, 0 0 5-1/2 Milk, 0 0 6 Potatoes, 0 0 6 Thread and worsted, 0 0 2 ------------ Total per Week, £0 7 10-1/2 ============ Total per Annum, £20 9 6 Rent, 3 3 0 Fuel, 1 4 0 Cloaths, 2 3 0 Births, burials, sickness, 0 10 0 --------- Total Expenses per Annum, £27 9 6 ========= _Earnings per Week_-- The Man, £0 9 0 The Woman, 0 1 0 The Children, 0 1 6 --------- Total, £0 11 6 ========= Total Earnings per Annum, £29 18 0 =========
_N.B._--In 1795 the earnings of this family were the same but their expenses had risen to £36, 11s. 4d. On bread they spent 8s. a week instead of 4s. 7-1/2d.
FOOTNOTES:
[504] Eden, vol. iii. p. cccxxxix.
[505] Davies, p. 152.
[506] Davies puts 1-1/2d., but this is probably a slip.
[507] Davies, p. 166.
[508] Eden, vol. iii. p. cccxlii.
[509] Davies, p. 176.
[510] Eden, vol. iii. p. cccxlvi.
CHIEF AUTHORITIES
_Journals of House of Commons_ for period.
_Journals of House of Lords_ for period.
Reports of Parliamentary Debates for period in _Parliamentary Register_, _Parliamentary History_, _Senator_ and _Parliamentary Debates_.
_Statutes, Public and Private_ for period.
_Enclosure Awards_ in Record Office or Duchy of Lancaster.
_Home Office Papers_ in Record Office.
_Parliamentary Papers_ for period; specially--
FOR ENCLOSURES--
Report from Select Committee on Standing Orders relating to Private Bills, 1775.
Report from Select Committee on Waste Lands. Ordered to be printed December 23, 1795.
Report from Select Committee on Waste Lands, 1797.
Report from Select Committee on Means of Facilitating Inclosure, 1800. (Deals specially with Expense).
Report from Select Committee on Constitution of Select Committees on Private Bills, 1825.
Report from Select Committee on Commons Inclosure, 1844.
FOR POOR LAWS--
Report from Select Committee on Poor Laws, 1817.
Report from Lords Committee on Poor Laws, 1818.
Report from Select Committee on Poor Laws, 1819.
Report from Select Committee on Relief of Able-Bodied from the Poor Rate, 1828.
Report from Lords on Poor Law, 1828.
Documents in possession of Poor Law Commissioners, 1833.
Report of Poor Laws Commissioners, 1834
FOR GAME LAWS, CRIME, AND PUNISHMENT--
Report from Select Committee on Game Laws, 1823.
Report from Lords Committee on Game Laws, 1828.
Report from Select Committee on Criminal Commitments and Convictions, 1827.
Report from Select Committee on Criminal Commitments and Convictions, 1828.
Return of Convictions under the Game Laws from 1827-30.
Report from Select Committee on Secondary Punishments, 1831.
Report from Select Committee on Secondary Punishments, 1832.
Report from Select Committee on Transportation, 1838.
FOR OTHER SOCIAL QUESTIONS--
Report from Select Committee on Agricultural Distress, 1821.
Report from Select Committee on Labourers’ Wages, 1824.
Reports from Select Committee on Emigration, 1826-7.
Report from Select Committee on Agriculture, 1833.
Report from Select Committee on Allotment System, 1843.
Publications of Board of Agriculture.
_General Report on Enclosures_, 1808.
_Report on the Agricultural State of the Kingdom_, 1816.
_Agricultural Surveys_ of different Counties, by various writers, alluded to in text as _Bedford Report_, _Middlesex Report_, etc.
_Annual Register_ for period.
_Annals of Agriculture_, 1784-1815 (46 vols.).
Cobbett’s _Political Register_, 1802-35.
_The Tribune_ (mainly Thelwall’s lectures), 1795-6.
Reports of the Society for Bettering the Condition and Improving the Comforts of the Poor, (5 vols.), 1795-1808.
Ruggles, Thomas, _History of the Poor_, 1793 (published first in _Annals of Agriculture_).
Davies, David, _The Case of Labourers in Husbandry stated and considered_, 1795.
Eden, Sir Frederic Morton, _The State of the Poor or An History of the Labouring Classes in England_, 1797.
The Works of Arthur Young, William Marshall, and other contemporary writers on agriculture and enclosures; see list in Hasbach, _History of the English Agricultural Labourer_.
Cobbett’s _Works_.
Dunkin’s _History of Oxfordshire_.
_Carlisle Papers, Historical MSS. Commission._
_Memoir of Lord Suffield_, by R. M. Bacon, 1838.
_Life of Sir Samuel Romilly_, 1842.
MODERN AUTHORITIES
Babeau, A., _Le Village sous l’ancien Régime_.
Curtler, W. H. R., _A Short History of English Agriculture_.
Eversley, Lord, _Commons, Forests, and Footpaths_.
Hasbach, Wilhelm, _History of the English Agricultural Labourer_.
Hirst, F. W., and Redlich, J., _Local Government in England_.
Hobson, J. A., _The Industrial System_.
Hudson, W. H., _A Shepherd’s Life_.
Jenks, E., _Outlines of Local Government_.
Johnson, A. H., _The Disappearance of the Small Landowner_.
Kovalewsky, M., _La France Économique et Sociale à la Veille de la Révolution_.
Levy, H., _Large and Small Holdings_.
Mantoux, P., _La Révolution Industrielle_.
Porritt, E., _The Unreformed House of Commons_.
Scrutton, T. E., _Commons and Common Fields_.
Slater, G., _The English Peasantry and the Enclosure of Common Fields_.
Smart, W., _Economic Annals of the Nineteenth Century_.
De Tocqueville, _L’ancien Régime_.
Vinogradoff, P., _The Growth of the Manor_.
Webb, S. and B., _English Local Government_.--_The Parish and the County._
---- _English Local Government_.--_The Manor and the Borough._
INDEX
Abel, Mr., 248. f.
Abingdon, 267; Special Commission at, 305 f.
Abingdon, Lord, and Otmoor, 88, 91; on Special Commission, 302.
Abree, Margaret and Thomas, 109 _n._
Adam, the brothers, 327.
Addington, H. _See_ Sidmouth.
---- Stephen, 31, 44.
Addington Hills, 48.
Addison, 325.
Aglionby, Mr., M.P., 53.
Agriculture, and enclosure, 36; during French war, 166 ff.; Brougham on, 171.
Aix, Archbishop of, 217.
Albemarle, Lord, 321.
Aldborough, 9.
Alderson, Justice, on Special Commissions, 272, 275, 277, 278, 281, 290, 293, 295, 298, 300; and Looker case, 295 f.
Allotments, and enclosure, 84 ff.; experiments, 154 ff.; hostility of farmers to, 159 f.; M. Chateauvieux on, 232 f.; Suffield’s scheme in 1830, 322 ff.
Almack’s, 68, 70.
Althorp, Lord, 190, 202, 288; Cobbett on, 313.
America, farmers in, 212; Cobbett in, 235.
Amnesty Debate, 314.
Andover, 260, 280, 285.
Appeal, against enclosure award, 59 f.
Arbuthnot, J., 37, 81.
Aristocracy, contrast between English and French, 1 ff.; control over all English institutions, 7 ff.; Burke on, 24 f.; characteristics,