APPENDIX A (4)
Croydon, Surrey.—Enclosure Act, 1797
Area.—2950 acres.
Nature of Ground.—Open and Common Fields, about 750 acres, Commons, Marshes, Heaths, Wastes and Commonable Woods, Lands, and Grounds about 2200 acres.
Parliamentary Proceedings.—November 7, 1796.—Petition for enclosure from Hon. Richard Walpole, John Cator, Esq., Richard Carew, Esq., John Brickwood, Esq., and others. Leave given; bill presented May 8, 1797; read twice and committed.
May 18, 1797.—(1) Petition against the bill from Richard Davis and others, as prejudicial to their rights and interests; (2) Petition against it from James Trecothick, Esq. Both petitions to be heard before Committee. May 26, Petition against the bill from Richard Davis and others stating ‘that the said Bill goes to deprive the Inhabitants of the said Parish and the Poor thereof in particular, of certain ancient Rights and Immunities granted to them (as they have been informed) by some, or one, of the Predecessors of His present Majesty, and that the said Bill seems calculated to answer the Ends of certain Individuals.’
Petitioners to be heard when the Bill was reported.
June 7.—Petition of various inhabitants of Croydon against the bill; similar to last petition. To be heard when Bill reported.
Report and Enumeration of Consents.—June 19.—Lord William Russell reported from the Committee, standing orders complied with, that the Petitions had been considered, allegations true; parties concerned had given their consent to the satisfaction of the Committee, ‘(except the Owners of 230 Acres 2 Roods and 25 Perches of Inclosed Land, and 67 Acres 1 Rood and 31 Perches of Common Field Land, who refused to sign the Bill; and also the Owners of 225 Acres 1 Rood and 34 Perches of Inclosed Land, and 7 Acres 3 Roods and 5 Perches of Common Field Land, who, on being applied to, returned no Answer; and that the Whole of the Land consists of 6316 Acres and 37 Perches of Inclosed Land, and 733 Acres 1 Rood and 39 Perches of Common Field Land, or thereabouts)....’
The same day (June 19) petition from various Freeholders, Copyholders, Leaseholders and Inhabitant Householders of Croydon stating that the promoters of the bill have named Commissioners without consulting the persons interested ‘at an open and public meeting,’ and that since the Archbishop of Canterbury as Lord of the Soil of the Wastes has named one Commissioner (James Iles of Steyning, Gentleman) the other two Commissioners ought, ‘in common Justice and Impartiality’ to be nominated by the proprietors of lands and the Parish at large; and as they understand that the Tithe owners and other Proprietors wish John Foakes, named in the bill, to remain a Commissioner, asking leave to nominate as the third Thomas Penfold of Croydon, Gentleman. Lord William Russell proposed to recommit the bill in order to consider this petition, but obtained only 5 votes for his motion against 51.
The Bill passed Commons.
In the Lords a Petition was read July 4, 1797, against the Bill from the Freeholders, Copyholders, Leaseholders and Inhabitant-Freeholders of Croydon, praying their Lordships, ‘To take their Case into their most serious Consideration.’ Petition referred to Committee.
July 10, 1797.—Bill passed Lords in a House of 4 Peers. (Bishop of Bristol, Lords Walsingham, Kenyon, and Stewart of Garlies.)
[3 of these had been members of the Committee of 6 to whom the Bill was committed.]
Royal Assent, July 19.
Main Features of Act.—(Private, 37 George III. c. 144.)
Commissioners.—Three appointed. (1) James Iles of Steyning, Sussex; (2) John Foakes of Gray’s Inn; (3) Thomas Crawter of Cobham, Gentlemen.
The first represents the Archbishop of Canterbury, Lord of the Manor of Croydon, the other two represent the proprietors of estates with right of common (the Archbishop excluded) ‘or the major part in value’ (such value to be collected from the rentals in land tax assessments). Vacancies to be filled up by the parties represented. New Commissioners not to be interested in the inclosure. Two Surveyors appointed by name: vacancies to be filled up by Commissioners.
Payment To Commissioners.—2 guineas a day. Surveyors to be paid what the Commissioners think ‘just and reasonable.’
Claims.—To be delivered in at the meeting or meetings advertised for the purpose. None to be received after, except for some special cause. Claimants must send in claims ‘in Writing under their Hands, or the Hands of their Agents, distinguishing in such Claims the Tenure of the Estates in respect whereof such Claims are made, and stating therein such further Particulars as shall be necessary to describe such Claims with Precision.’ The Commissioners are to hold a meeting to hear and determine about claims, and if no objections are raised, then their determination is final and conclusive. If objections are raised, then any one person whose claim is disallowed, or any three persons who object to the allowance of some one else’s claim, can proceed to trial at the Assizes on a feigned issue. The verdict of the trial is to be final. Due notice of trial must be given and the allotment suspended. The Commissioners cannot determine on questions of title which may still be tried at law.
System of Division—Special Provisions:
Provisions for Lord of the Manor.—The Archbishop of Canterbury is Lord of the Manor of Croydon and also of Waddon, and there are six other Lords whose manors lie either wholly or partly within the parish, i.e. (1) Robert Harris, Esq., of Bermondsey; (2) Richard Carew, Esq., of Norbury; (3) John Cator, Esq., of Bensham; (4) William Parker Hamond, Esq., of Haling; (5) James Trecothick, Esq., of Addington, otherwise Temple, who also claims for Bardolph and Bures. (6) The Warden and Poor of the Hospital of Holy Trinity (Whitgift Foundation) of Croham. Each of these 7 Lords is to have one-eighteenth of the Commons and Wastes lying within his Manor. But whereas James Trecothick claims some quit-rents in the Manor of Croydon, if he makes good his claim to the Commissioners, then the Archbishop’s eighteenth is to be divided between James Trecothick and the Archbishop, and this is to be taken by James Trecothick as his whole share as Lord of a Manor. The Archbishop can also have part of Norwood Common in lieu of his due share of Norwood woodlands.
Manorial rights, save Right of Soil, continue as before.
Compensation for the timber in Norwood Woodlands is to be fixed by the Commissioners and paid by the allottees to the Archbishop.
Provision for Tithe Owners.—For Rectorial Tithes, such parcel or parcels as Commissioners judge to be full equivalent.
Whereas the Archbishop claims that Norwood Woodlands (295 acres) are exempt from all tithes, this claim is to be determined by the Commissioners or at law, and if not found good, another parcel to be set out as full equivalent.
But the tithe allotments in all are not to equal in value more than one-ninths of the Commons, marshes etc.
For Vicar’s tithes over Norwood Common, an equivalent parcel of land.
Provisions for the Poor.—If the inhabitants of Croydon prove their claim to Rights of Common on Norwood Common, and in Norwood Commonable Woods to the satisfaction of the Commissioners, or before a Court (if it is tried at law) then the Commissioners are to set out from the Commons, Wastes, etc., as much land as they judge to be equivalent to such right, ‘having particular Regard to the Accommodation of Houses and Cottages contiguous to the said Commons, etc.,’ and this land is to remain common, for the use of the inhabitants of Croydon, subject to the right of getting gravel from it. Suppose, however, that the inhabitants’ claim is not allowed, or if allowed does not equal 215 acres of common in value: even then the Commissioners are to set out 215 acres for the above purpose. These 215 acres are to be vested in the Vicar, Churchwardens, Overseers, and 6 Inhabitants chosen at a Vestry meeting. These trustees can inclose as much as a seventh part and let it on lease for 21 years. They are to manage the common with regard to stint, etc., and to dispose of rents.
Allotment of Residue.—The open common fields, commons, marshes, etc., to be divided amongst the several persons ‘according to their respective Rights and Interests,’ due regard being paid to Quality, Quantity, and Situation, and the allotments being placed as near the Homesteads, etc., as is consistent with general convenience.
All houses erected 20 years and more before the Act, and the Sites of all such houses to be considered as ancient messuages entitled to right of common, with the exception of houses built on encroachments, the owners of which are to have whatever allotment the Commissioners think fair and reasonable.
The Commissioners are to give notice of a place where a schedule of allotments can be inspected and of a meeting where objections can be heard. The Commissioners are to hear complaints, but their determination is to be binding and conclusive on all parties.
When the award is drawn up ‘the said Allotments, Partitions, Divisions, and Exchanges, and all Orders, and Directions, Penalties, Impositions, Regulations and Determinations so to be made as aforesaid, in and by such Award or Instrument, shall be, and are hereby declared to be final, binding and conclusive unto and upon all Persons interested in the said Division and Inclosure.’ Persons who refuse to accept within an appointed time, or who molest others who accept, are ‘divested of all Right of Possession, Right of Pasturage and Common, and all other Right, Estate and Interest whatsoever in the allotments.’ Allotments are to be of the same tenure as the estates in right of which they are given. Copyhold allotments in the Manors of Croydon and Waddon can be enfranchised by the Commissioners at the request of the allottees, a part of such allotments being deducted and given to the Archbishop for compensation. Allotments may be laid together if the different owners wish it.
Incroachments.—Those made within 6 months not to count. Those of 20 years old and over to remain with present possessor, but not to confer right to an allotment.
Encroachments under 20 years old, (1) if the encroacher has a right to an allotment, then it shall be given to him as whole or part of that allotment (not reckoning the value of buildings and improvements); (2) if the allotment to which he has a right is unequal in value to the encroachment, or if he has no right to an allotment, he can pay the surplus or the whole price at the rate of £10 an acre; (3) if the encroacher cannot or will not purchase, the Commissioners are to allot him his encroachment for which he is to pay rent at the rate of 12s. an acre a year for ever, such rent being apportioned to whomever the Commissioners direct as part of their allotment.
Provisions are also made for giving encroachers allotments elsewhere instead, in certain cases.
Fencing.—To be done by allottees. If the proportion of fencing to be done by any allottee is unfair, the Commissioners have power to equalise it. Exception.—(1) The allotment to Rector for Tithes which is to be fenced at the expense of or by the person or persons whom the Commissioners appoint; (2) The allotments belonging to certain estates leased out at reserved rents by the Archbishop and by Trinity Hospital for 21 years, are to be fenced by the lessees; to compensate lessees new leases are to be allowed; (3) Allotments to Charity Estates (except Trinity Hospital) are to have a part deducted from them and be fenced by the Commissioners. If any proprietor refuses to fence, his neighbour can, on complaint to a J.P., obtain an order or an authorisation to enter, do the fencing, and take the rents till it is paid for.
Guard fences to protect the quickset are allowed.
Penalty for damaging fences from 40s. to £10. The owner of the damaged fence may give evidence. Half the penalty goes to the informer and half to the owner. But if the owner informs, the whole penalty goes to the Overseer.
Estates may be mortgaged up to 40s. an acre to meet expenses of fencing. Roads are not to be depastured for 10 years.
Expenses.—To meet all expenses (including the lawsuits on feigned issues) part of the Commons, Wastes, etc., are to be sold by public auction. Private sales are also authorised, but no one person may buy privately more than 2 acres; except that if James Trecothick, Esq., so wishes, the Commissioners are to sell him by private contract part of Addington Hills at what they judge a fair and reasonable price.
Any surplus is to be paid to the Highways or Poor Rates within 6 months after award. Commissioners are to keep Accounts, which must be open to Inspection.
Common Rights and Interests may be sold before the execution of the award by allottees except the Archbishop, the Vicar, Trinity Hospital, and Trustees for Charitable purposes.
Compensation to Occupiers.—In the case of leases at rack-rent the Commissioners are to set out the allotment to the owner, but the owner is to pay fair compensation to the tenant for loss of right of common, either by lowering his rent or by paying him a gross sum of money as the Commissioners direct. Exception.—If the Commissioners think it a more equitable course they may allot the allotment to the tenant during his lease, and settle what extra rent he shall pay in respect of the owner’s expense in fencing, etc.
Satisfaction for crops, ploughing, tilling, manuring, etc. is to be given in cases where the ground is allotted to a new possessor.
Roads.—Commissioners have power to set out and shut up roads (turnpike roads excluded), footpaths, etc., but if they shut up a footpath through old inclosed land, the person for whose benefit it is shut is to pay such compensation as the Commissioners decide, the money going towards the Expenses of the Act.
Power of Appeal.—To Quarter Sessions only, and not in cases, e.g. claims and allotment, where the Commissioners’ decisions are final and conclusive or a provision for trial at law is made.
Arrangements between Act and Award.—As soon as the Act is passed the Commissioners are to have sole direction of the course of husbandry. Exception.—They are not to interfere with Thomas Wood and Peter Wood, Gentlemen, in their cultivation of such parts of the common fields of Waddon as are leased to them by the Archbishop. (Four years of the lease are still to run.)
Award.—Date, March 2, 1801. Clerk of Peace or of County Council, Surrey.
Amending Act, 1803.—(Private, 43 George III. c. 53.)
Passed in response to a petition (February 16, 1803) from the Vicar, Churchwardens, Overseers, and other inhabitants of Croydon, stating that whereas the Commissioners have set out 237 acres 2 roods for the inhabitants of Croydon, instead of 215 acres, doubts have arisen as to whether this land is vested in trustees as was directed to be done with the 215 acres.
Main Features.—The 237 acres 2 roods to be treated as the 215 acres. Land up to 5 acres to be sold to defray cost of this new Act; any surplus to go to Use and Benefit of Poor, any deficit to be made up by rents or sale of gravel.
Note on Results.—Third Report of Select Committee on Emigration, 1826–7, p. 369. Dr. Benjamin Wills stated that as the result of the loss of common rights suffered under the Bill, he had seen some 900 persons summoned for the Poor Rate. ‘By the destruction of the common rights, and giving no remuneration to the poor man, a gentleman has taken an immense tract of it and converted it into a park: a person in the middling walk of life has bought an acre or two; and though this common in its original state was not so valuable as it has been made, yet the poor man should have been consulted in it; and the good that it was originally to him was of such a nature that, destroying that, has had an immense effect.’