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 ½ 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.