  1. Enclosure Proceedings in the Court of Chancery, 1671—2. Advice to the Stewards of Estates, 1731—3. Procedure for Enclosure by Private Act, 1766—4. Farming in Norfolk, 1771—5. A Petition against Enclosure, 1797—6. Extracts on Enclosure from the Surveys of the Board of Agriculture, 1798-1809—7. Arthur Young's Criticism of Enclosure, 1801—8. Enclosure Consolidating Act, 1801—9. General Enclosure Act, 1845. Progress in methods of agriculture (No. 4) and the movement towards enclosure and consolidation (Nos. 1-3 and 5-9) are the subjects illustrated in this section. Great advances were made in the science and practice of farming between the end of the Commonwealth and the repeal of the Corn Laws. But the controversial subject of enclosure overshadows everything else. And, as is shown by the extract from Arthur Young's account of the famous Norfolk farming, agricultural progress was closely connected with enclosure and consolidation (No. 4). Specimens are given of two stages of enclosure proceedings (No. 1 and No. 3), which suggest that voluntary agreements ratified in Chancery gradually merged in enclosure by Act, compulsory upon a dissatisfied minority. The Awards, on which the justice or injustice of the settlement would in some degree depend, are generally too long for quotation. But the General Act of 1801 (No. 8) was an attempt to codify the best existing practice, and gives a general view of the practice of the best Commissioners. A mass of controversial literature on both sides deals with the reasons and effects of the enclosures. The advantages, from the point of view of a large landowner, are set out in a text book for land stewards (No. 2). The reverse side, as it appeared to the small holder, is given in a petition, which was AUTHORITIES The most important modern books on the subject are:—Hammond, The Village Labourer; Gonner, Common Land and Inclosure; Prothero, English Farming Past and Present; Hasbach, The English Agricultural Labourer; Levy, Large and Small Holdings; Johnson, The Disappearance of the Small Landowner; Slater, The English Peasantry and the Enclosure of the Common Fields; Ashby, One Hundred Years of Poor Law Administration in a Warwickshire village in Oxford Studies in Social and Legal History, Vol. III; Leonard in Transactions of the Royal Historical Society, 3rd Series, Vol. XIX. Bibliographies in Hasbach, Hammond, Levy, and Cunningham, English Industry and Commerce, Modern Times, Part II. Contemporary (1).—Records of late seventeenth century enclosures may be found in Chancery Enrolled Decrees, and Enclosures Awards in Proceedings in Chancery (Public Record Office, and some copies in Durham Court of Chancery). Eighteenth century material includes petitions in Journals of the House of Commons; proceedings in Parliament, ditto; Awards, in custody of Clerks of the Peace and of County Councils—a Return of Commons (Inclosure Awards) to the House of Commons, 1904, shows where they are to be found. There are reports of Committees on Cultivation of Waste, etc., 1795 (IX), ditto, 1797 (IX), ditto, 1800 (IX); on Inclosure, 1844 (V), on Allotments, 1843 (VII). Contemporary (2) Literary Authorities.—The best descriptions of agriculture are to be found in Arthur Young's various Tours (1768-71) in The Annals of Agriculture (1784-1815), and in the Reports made 1. Division of the Town Fields of Bishop Auckland, October, 1671 Forasmuch as heretofore by order and decree of this Court bearing date the fifteenth day of September last past, made between the parties above named, for the reasons then appearing to this Court it was then ordered and decreed by the consent of all the said parties ... that all the lands and grounds lying and being in the three common fields called the Hitherfield, Midlefield and Fairfield lying at Bishop Auckland, therein mentioned should ... be forthwith measured and divided according to the agreements and consents of the said parties, ... and also that every of the said parties should have his and their particular shares, parts, and proportions therein particularly allotted and set forth in severalty unto him and them, to be by them respectively hedged, fenced, enclosed and enjoyed in severalty for ever thenafter for the better husbandry and improvement thereof.... And now upon the motion of Mr. William Brabart ... alleging that since the making of the said decree several of the parties thereunto, perceiving that some of the defendants, formerly being the chief opposers of the said intended division, have obtained their shares in the premisses to be in such part thereof as themselves desired, their said parts being small and inconsiderable, they have therefore of late descended from their shares and parts of the premisses formerly by them desired or consented unto and do now endeavour to have their proportionate parts to lie in other parts and places of the premisses, to the [August, 1672, Decree of the Court.] Forasmuch as ... every owner's share hath been duly set out ... and yet nevertheless one of the said defendants hath endeavoured to obstruct the said division ... it is therefore now thought fit and so ordered by the Right Honourable Sir Francis Goodriche Knight, Chancellor of the County of Durham and Sadberge, that the Award ... shall stand absolutely confirmed and decreed unless good cause be shown to the contrary at the next sitting at Durham. 2. A Steward should not forget to make the best enquiry into the disposition of any of the freeholders within or near any of his Lord's manors to sell their lands, that he may use his best endeavours to purchase them at as reasonable a price, as may be for his Lord's advantage and convenience—especially in such manors, where improvements are to be made by inclosing commons and common-field; which (as every one, who is acquainted with the late improvement in agriculture, must know) is not a little advantageous to the nation in general, as well as highly profitable to the undertaker. If the freeholders cannot all be persuaded to sell, yet at least an agreement for inclosing should be pushed forward by the steward, and a scheme laid, wherein it may appear that an exact and proportional share will be allotted to every proprietor; persuading them first, if possible, to sign a form of agreement, and then to choose commissioners on both sides. If the Steward be a man of good sense, he will find a necessity for making a use of it all, in rooting out superstition from amongst them, as what is so great a hindrance to all noble im "Whereas it is found, by long experience, that common or open fields, wherever they are suffered or continued, are great hindrances to a public good, and the honest improvement which every one might make of his own, by diligence and a seasonable charge: and, whereas the common objections hitherto raised against inclosures are founded on mistakes, as if inclosures contributed either to hurt or ruin the poor; whilst it is plain that (when an enclosure is once resolved on) the poor will be employed for many years, in planting and preserving the hedges, and afterwards will be set to work both in the tillage and pasture, wherein they may get an honest livelihood: And whereas all or most of the inconveniences and misfortunes which usually attend the open wastes and common fields have been fatally experienced at——, to the great discouragement of industry and good husbandry in the freeholders, viz., that the poor take their advantage to pilfer, and steal, and trespass; that the corn is subject to be spoiled by cattle, that stray out of the commons and highways adjacent; that the tenants or owners, if they would secure the fruits of their labours to themselves, are obliged either to keep exact time in sowing and reaping or else to be subject to the damage and inconvenience that must attend the lazy practices of those who sow unseasonably, suffering their corn to stand to the beginning of winter, thereby hindering the whole parish from eating the herbage of the common field till the frosts have spoiled the most of it," etc., etc. To conclude this article upon commons, 3. A Petition of Stephen Croft, the Younger, Esquire, Lord of the manor of Stillington, in the county of York, and owner of several estates, within the said manor and parish of Stillington, and also Improprietor of the Great Tithes there; of the Reverend James Worsley, Clerk, Prebandary of the Prebend of Stillington aforesaid, patron of the Vicarage of Stillington aforesaid, of the Reverend Lawrence Sterne, Clerk, Vicar of the said parish, Ordered, That leave be given to bring in a Bill pursuant to the prayer of the said petition: and that Mr. Cholmley, Sir George Savile, and Sir Joseph Mawbey, do prepare and bring in the same. [February 3.—Bill presented to the House and read a first time.] February 10, 1766. Resolved, That the Bill be committed to Mr. Cholmley, Mr. Fonereau, Sir John Taines [etc., etc.]; and all the members who serve for the counties of York, Nottingham, Northumberland, and Durham: and they are to meet this afternoon, at five of the clock, in the Speaker's Chamber. February 27. [March 3. The Bill read a third time and passed. Sent to the House of Lords. March 18. Reported that the Lords agreed to the Bill without amendment. The King's Assent given to the Bill.] 4. As I shall presently leave Norfolk it will not be improper to give a slight review of the husbandry which has rendered the name of this county so famous in the farming world. Pointing out the practices which have succeeded so nobly here, may perhaps be of some use to other countries possessed of the same advantages, but unknowing in the art to use them. From forty to fifty years ago, all the northern and western, and a part of the eastern tracts of the county, were sheep walks, let so low as from 6d. to 1s. 6d. and 2s. an acre. Much of it was in this condition only thirty years ago. The great improvements have been made by means of the following circumstances. First. By inclosing without the assistance of parliament. Second. By a spirited use of marl and clay. Third. By the introduction of an excellent course of crops. Fourth. By the culture of turnips well hand-hoed. Fifth. By the culture of clover and ray-grass. Sixth. By landlords granting long leases. Seventh. By the country being divided chiefly into large farms. The Course of Crops. After the best managed inclosure, and the most spirited conduct in marling, still the whole success of the undertaking depends on this point: No fortune will be made in Norfolk by farming, unless a judicious course of crops be pursued. That which has been chiefly adopted by the Norfolk farmers is, 1. Turnips. If the preceding articles are properly reviewed, it will at once be apparent that no small farmers could effect such great things as have been done in Norfolk. Inclosing, marling, and keeping a flock of sheep large enough for folding, belong absolutely and exclusively to great farmers.... Nor should it be forgotten that the best husbandry in Norfolk is that of the largest farmers.... Great farms have been the soul of the Norfolk culture: split them into tenures of an hundred pounds a year, you will find nothing but beggars and weeds in the whole county. 5. A Petition of the hereunder-signed small Proprietors of Land and Persons entitled to Rights of Common [at Raunds, Northamptonshire]. That the petitioners beg leave to represent to the House that, under the pretence of improving lands in the same parish, the cottagers and other persons entitled to right of common on the lands intended to be enclosed, will be deprived of an inestimable privilege, which they now enjoy, of turning a certain number of their cows, calves, and sheep, on and over the said lands; a privilege that enables them not only to maintain themselves and their families in the depth of winter, when they cannot, even for their money, obtain from the occupiers of other lands the smallest portion of milk or whey for such necessary purpose, but in addition to this, they can now supply the grazier with young or lean stock at a reasonable price, to fatten and bring to market at a more moderate rate for general consumption, which they conceive to be the most rational and effectual way of establishing public plenty and cheapness of provision; and they further conceive, that a more ruinous effect of this enclosure will be the almost total depopulation of their town, now filled with bold and hardy husbandmen, from among whom, and the inhabitants of other open parishes, the nation has hitherto derived its greatest strength and glory, in the supply of its fleets and armies, and driving them, from necessity and want of employ, in vast 6. Somersetshire [J. Billingsley, Somerset, 1798, pp. 48-50 and 52]. Let us begin with taking a view of the objections which have been started to this species of improvement, and see if we cannot prove them to be for the most part either false or frivolous. 1st. Invasion of the rights and interest of the cottagers. The foremost of these objections carries with it the appearance of a humane attention to the comfort of the poor; but a brief investigation will lessen its influence, if not totally refute it. There are but two modes of enclosing commons. First, by unanimous consent of the parties claiming rights, who delegate power to commissioners, chosen by themselves, to ascertain their validity, and divide them accordingly, under covenants and agreements properly drawn and executed for the purpose. Or secondly, by act of parliament obtained by the petition of a certain proportion of the commoners, both in number and value, whereby a minority, sanctioned only by ignorance, prejudice, or selfishness, is precluded from defeating the ends of private advantage and public utility. In point of economy, the first of these methods is most eligible, as it saves the expense of an act of parliament, with an In either of these methods, it is manifest that the right of the cottager cannot be invaded; since with respect to legal or equitable construction, he stands precisely on the same ground with his more opulent neighbours; and as to his interest, I can truly declare that, in all cases which have fallen within my observation, inclosures have meliorated his condition, by exciting a spirit of activity and industry, whereby habits of sloth have been by degrees overcome, and supineness and inactivity have been exchanged for vigour and exertion. Besides, moral effects of an injurious tendency accrue to the cottager from a reliance on the imaginary benefits of stocking a common. The possession of a cow or two, with a hog, and a few geese, naturally exalts the peasant, in his own conception, above his brothers in the same rank of society. It inspires some degree of confidence in a property, inadequate to his support. In sauntering after his cattle, he acquires a habit of indolence. Quarter, half, and occasionally whole days are imperceptibly lost. Day labour becomes disgusting; the aversion increases by indulgence; and at length the sale of a half-fed calf, or hog, furnishes the means of adding intemperance to idleness. The sale of the cow frequently succeeds, and its wretched and disappointed possessor, unwilling to resume the daily and regular course of labour, from whence he drew his former subsistence, by various modes of artifice and imposition, exacts from the poor's rate the relief to which he is in no degree entitled. Lincolnshire [Arthur Young, Lincoln, 1799, pp. 85-6]. [Evidence of Elmhurst, a Commissioner under Enclosure Act.] Another observation I at the first made, and ever after put in practice, was this, always to begin to line out and allot for the smallest proprietors first (whether rich or poor) in every parish, so as to make such allotment as proper and convenient for the occupation of such, or their tenant (as that might be) to occupy; and so on, from the smallest to the greatest: for Norfolk [Young, Norfolk, 1804, pp. 82, 86, 94, 135, 156]. Bintrey and Twiford. Poor. There were 20, acres allotted for fuel, let by the parish. There were 46 commonable rights; the whole divided according to value; very few little proprietors; but small occupiers suffered. Brancaster. Poor. Very well off; Barrow-hills, a common of 65 acres, allotted to them; and each dwelling-house has a right to keep the two cows or heifers; or a mare and foal; or two horses; and also to cut furze. Cranworth, Remieston, Southborough. Poor. They kept geese on the common, of which they are deprived. But in fuel they are benefited; an allotment not to exceed 1/20 let, and the rent applied in coals for all not occupying above 5l. a year: this is to the advantage of those at Southborough, having enough allowed for their consumption; at Cranworth the poor are more numerous, and the coals of little use. Ludham. The commons were enclosed in 1801: all cottagers that claimed had allotments; and one for fuel to the whole; but the cottages did not belong to the poor; the allotments in general went to the larger proprietors, and the poor consequently were left, in this respect, destitute; many cows were Sayham and Ovington. Poor.—An allotment of not less than 50l. a year, for distributing to the poor in coals, was ordered by the act; it let for 98l. There were 100 commonable right houses. They used to sell a cottage of 3l. a year, with a right, for 80l. For each, four acres were allotted: and the cottage with this allotment would now sell for 160l. And what is very remarkable, every man who proved to the Commissioners that they had been in the habit of keeping stock on the common, was considered as possessing a common-right and had an allotment in lieu of it. Nor was it an unpopular measure, for there were only two men against it from the first to the last. Gloucestershire [Thomas Rudge, Gloucester, 1807, pp. 92-93]. In all Acts of Inclosure, it might perhaps be proper, as it would certainly be equitable, to relieve the pressure which weighs on small proprietors, in a degree not proportioned to the advantages they derive from them: for it should be remembered, that the expence of fencing a small allotment is considerable greater than that of a larger one, according to the quantity; that is, a square piece of land containing ten acres will cost half as much as forty, though only of one-fourth value. This disproportion occasions much reluctance in the class of proprietors before-mentioned; and though it is frequently overcome by the superior influence of the great landholders, yet the injustice of it cannot but strike the considerate mind with conviction. Leicestershire [William Pitt, Leicester, 1809, pp. 15,16 and 166]. The enclosure of this vale The management of the Duke of Rutland's property has always been conducted in the most liberal and benevolent manner; yet I think the enclosure of a rich district, and converting it to grass, has a natural tendency to decrease the population of that district; less corn is certainly now raised in Belvoir than in its open state. Mr. Ainsworth complains that labourers have not in general sufficient gardens, nor even cottages, for want of which they are driven into towns; and that in many cases by enclosures the cottages have been suffered to go to decay, as the land would let for as much rent without them to the larger farmers, and by turning it to grass, fewer labourers' cottages are wanting. Northamptonshire [William Pitt, Northampton, 1809, p. 70]. From the observations I have made in this county, I have no doubt but, if the average produce of common fields be three quarters per acre, the same land will, after a little rest as grass, and the improvements to be effected by enclosure, produce, on an average, four quarters per acre; and I believe that the produce of every common field may be increased in a like proportion by enclosure and an improved cultivation. 7. Go to an alehouse kitchen of an old enclosed country, and there you will see the origin of poverty and poor rates. For whom are they to be sober? For whom are they to save? (Such are their questions.) For the parish? If I am diligent, shall I have leave to build a cottage? If I am sober, shall I have land for a cow? If I am frugal, shall I have half an acre of potatoes? You offer no motives; you have nothing but a parish officer and a workhouse! Bring me another pot. Objection VIII. Wastes are as much property as my house. Will a farmer give up his right of commonage? I will not dispute their meaning 8. An Act for consolidating in one act certain provisions usually inserted in acts of inclosure; and for facilitating the mode of proving the several facts usually required on the passing of such acts. II. No commissioner shall be capable of being a purchaser of any part or parts of the lands, tenements, or hereditaments within any parish in which the lands and grounds intended to be inclosed are situate, either in his own name, or in the name or names of any person or persons, until five years after the date and execution of the award to be made by any such commissioner or commissioners. IV. And be it further enacted, that a true, exact, and particular survey, admeasurement, plan, and valuation, of all the lands and grounds to be divided, allotted, and inclosed VI. And be it further enacted, that all persons, and bodies corporate or politic, who shall have or claim any common or other right to or in any such lands so to be inclosed, shall deliver or cause to be delivered to such commissioner or commissioners, or one of them, at some one of such meetings as the said commissioner or commissioners shall appoint for the purpose (or within such further time, if any, as the said commissioner or commissioners shall for some special reason think proper to allow for that purpose) an account or schedule in writing, signed by them, or their respective husbands, guardians, trustees, committees, or agents, of such their respective rights or claims, and therein describe the lands and grounds, and the respective messuages, lands, tenements, and hereditaments, in respect whereof they shall respectively claim to be entitled to any and which of such rights in and upon the same or any part thereof, with the name or names of the person or persons then in the actual possession thereof, and the particular computed quantities of the same respectively, and of what nature and extent such right is, and also in what rights, and for what estates and interests, they claim the same respectively, distinguishing the freehold from the copyhold or leasehold; or on non-compliance therewith, every of them making default therein shall, as far only as respects any claim so neglected to be delivered, be totally barred and excluded of and from all right and title in or upon such lands so to be divided respectively, and of and from all benefit and advantage in or to any share or allotment thereof. [All objections must be delivered in writing to the commissioners before the meeting appointed to consider objections.] VII. Provided also, and be it further enacted, that nothing herein contained shall authorise such commissioner or commissioners to hear and determine any difference or dispute which may arise, touching the right or title to any lands, [VIII. Commissioners, before making any allotments, to appoint public carriage roads, and prepare a map thereof to be deposited with their clerk, and give notice thereof, and appoint a meeting, at which, if any person shall object, the commissioners, with a justice of the division, shall determine the matter.] XII. And be it further enacted, that such commissioner or commissioners in making the several allotments directed by any such act, shall have due regard as well to the situation of the respective houses or homesteads of the proprietors, as to the quantity and quality of the lands and grounds to be allotted to them respectively, so far as may be consistent with the general convenience of the said proprietors; and that such commissioner or commissioners in making the said allotments shall have particular regard to the convenience of the owners or proprietors of the smallest estates in the lands and grounds directed to be allotted and exchanged. XIV. And be it further enacted, that the several shares of and in any lands or grounds shall, when so allotted, be and be taken to be in full bar of and satisfaction and compensation for their several and respective lands, grounds, rights of common, and all other rights; and that from and immediately after the making the said division and allotments, and the execution of the award, all rights whatsoever, by such act intended to be extinguished, belonging to or claimed by any person or persons whomsoever, bodies politic or corporate, in, over, or upon such lands or grounds, shall cease, determine, and be for ever extinguished. [XXIV and XXIX. If allotments are not enclosed and fenced within an appointed time the commissioners may have the work done and charge the expense to the proprietor or let the allotment and apply the rents till the expenses are paid. If it has been provided by an act that the expenses of obtaining and executing it are to be shared among the proprietors of XXXII. And be it further enacted, that in case it shall be provided by any such act, that the expenses attending the same shall be paid by sale of any part of the land so to be inclosed, the said commissioner or commissioners shall mark and set out such part or parts of the said waste or commonable lands, as in his or their opinion will by sale thereof raise a sum of money sufficient to pay and discharge all such charges and expenses as may by any such act be directed to be paid and discharged out of the same; and the said commissioner or commissioners shall sell such part or parts of the said lands to any person or persons for the best price or prices that can be gotten for the same. XXXV. And be it further enacted, that as soon as conveniently may be after the division and allotment of the said lands and grounds shall be finished, pursuant to the purport and directions of this or any such act, the said commissioner or commissioners shall form and draw up, or cause to be formed and drawn up, an award in writing, which shall express the quantity of acres, roods, and perches, in statute measure, contained in the said lands and grounds, and the quantity of each and every part and parcel thereof which shall be so allotted, assigned, or exchanged, and the situations and descriptions of the same respectively, and shall also contain a description of the roads, ways, footpaths, watercourses, watering places, quarries, bridges, fences, and land marks, set out and appointed by the said commissioner or commissioners respectively as aforesaid, and all such other rules, orders, agreements, regulations, directions, and determinations, as the said commissioner or commissioners shall think necessary, proper, or beneficial to the parties; which said award shall be fairly ingrossed or written on parchment, and shall be read and executed by the commissioner or commissioners, in the presence of the proprietors who may attend at a special general meeting called for that purpose, of which ten days' notice at least shall be given in some paper to be named in such act and circulating in the county, which execution of such award shall be proclaimed the next Sunday in the church of the parish in which such lands shall be, from the XL. And be it further enacted and declared that nothing in such act contained shall lessen, prejudice, or defeat the right, title, or interest of any lord or lady of any manor or lordship, or reputed manor or lordship, within the jurisdiction or limits whereof the lands and grounds thereby directed to be divided and allotted are situate, lying, and being of, in, or to the seigniories, rights, and royalties incident or belonging to such manor or lordship, or reputed manor or lordship, or to the lord or lady thereof, or to any person or persons claiming under him or her, but the same (other than and except the interest and other property as is or are meant or intended to be barred by such act) shall remain, in as full, ample, and beneficial manner, to all intents and purposes, as he or she might or ought to have held or enjoyed such rights before the passing of such act, or in case the same had never been made. 9. An act to facilitate the inclosure and improvement of commons and lands held in common, the exchange of lands, and the division of intermixed lands; to provide remedies for defective or incomplete executions, and for the non-execution of the powers of general and local inclosure acts; and to provide for the revival of such powers in certain cases. ... Be it therefore enacted ... that it shall be lawful for one of her Majesty's principal secretaries of State to appoint any two fit persons to be commissioners under this act ... and the commissioners shall, with the first commissioner of her Majesty's woods, forests, land reserves, works and buildings for the time being, be the commissioners for carrying this act into execution. [Assistant commissioners may be appointed to whom powers may be delegated. Village greens may not be enclosed. Land near towns and land subject to unlimited rights of pasture, etc., may not be enclosed without special direction of parliament.] XXX. And be it enacted, that in the provisional order of the commissioners concerning the enclosures under the pro XXXI. [In similar cases the commissioners may order the appropriation of such an allotment for the labouring poor as the commissioners shall think necessary.] L. All encroachments and enclosures, other than enclosures duly authorised by the custom of the manor of which such land shall be parcel ... within twenty years next before the first meeting for the examination of claims ... shall be deemed parcel of the land subject to be enclosed; provided always that in case ... it shall appear to the commissioners just or reasonable that rights or interests in the lands to be enclosed should be allowed to the persons in possession of such encroachments, it shall be lawful for the commissioners ... to direct what rights shall be allowed. [Encroachments of twenty years standing to be deemed old enclosures.] |
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