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.