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.
31½ 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.