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 allotted,a. r. p.
2,667233
Tithe owners in various allotments including 106 acres for exonerating old inclosures, and 1¾ acre for Vicar’s Glebe and Right of Common,a. r. p.
474113
The Lord of the Manor (Sir G. B. Prescott) and the trustees of the late Lord of the Manor, including 38¾ acres or ¹⁄₁₈8 for manorial rights,4380 24
Mrs. Anne Shaw,37627
Oliver Cromwell, Esq.,107329
Occupiers of Cottages,10000
Gravel Pits,1313

The remainder (excluding roads) is allotted amongst 213 allottees:—

From 50–100 acres 4Above 10 acres23
From 30–50 acres3
From 10–30 acres 16
From 1–10 acres141
From ½-1 acre 37Below 1 acre49
From ¼-½ acre 8
Below ¼ 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.