The village labourer, 1760-1832 / A study in the government of England before the Reform Bill

by J. L. Hammond; Barbara Bradby Hammond

APPENDIX A (9)

Simpson, Bucks.—Enclosure Act, 1770

Area.—Not specified anywhere. The annual value unenclosed is stated to be £773, so the acreage was probably over 1500.

Nature of Ground.—Open and Common Fields, Lammas Grounds and Pastures.

Parliamentary Proceedings.—

First Attempt, December 13, 1762.—Petition from Walden Hanmer, Esq., Lord of the Manor, William Edge, Gentleman, and other owners and proprietors, stating that the holdings are at present intermixed and dispersed, that the land in its present state is in great measure incapable of Improvement, and that if it were divided and inclosed great Benefit would accrue, and asking for leave to bring in a Bill to enclose. Leave was given, and the Bill passed its second reading and was sent to Committee. On March 16, 1763, came a petition against it from John Goodman and Nicholas Lucas, Gentlemen, and other owners and proprietors against the bill, ‘alleging that the Petitioners are Owners and Proprietors of Four Fifth Parts, and upwards, of the said Fields, Grounds, and Pastures, so intended to be inclosed, and of several Rights and Privileges incident thereto,’ stating that the bill would be greatly detrimental to all of them and ‘tend to the Ruin of many of them,’ and asking to be heard by Counsel against the bill. Petition to be heard when the bill was reported.

Report and Enumeration of Consents.—March 25, 1763.—Mr. Lowndes reported from the Committee, that the allegations were true and that ‘the Parties concerned had given their Consent to the Bill, to the Satisfaction of the Committee (except Michael Woodward, Nicholas Lucas, senior, Lewis Goodman, who, being asked to sign a Bill testifying their Consent, and whose Interest in the said Lands and Grounds amounts to £31 a Year, or thereabouts, but the Witness could not ascertain the Interest of the said Lewis Goodman and Thomas Goodman, said that they had no Objection to the Inclosure, but did not care to sign, and also except Luke Goodman and Edward Chad, whose Interest in the said Lands and Grounds is £16 a Year; Edward Chad said he was by no means for it, and Luke Goodman said, he would neither meddle nor make; and also except Joseph Etheridge, a Minor, whose Interest in the said Lands and Grounds is £38 a Year; and Mary Etheridge, his Guardian whose Interest in the said Lands and Grounds is £16 a Year, said, she never was for it, as being a Woman, and having nobody to look after her Fencing; and also except —— Loughton, John Goodman, and Son, whose Interest in the said Lands and Grounds is £24 a Year; John Goodman said, he would lose his Life before he would lose his Land; his Son said, he did not care to meddle; and also except John Goodman, who, being asked to sign a Bill, testifying his Consent, and whose Interest in the said Lands and Grounds is £55 a year, said he would not sign it; and except Sear Newman, whose Interest in the said Lands and Grounds amounts to £30 a Year, who said he had no Objection to it, but did not care to meddle or make, upon Account of his Father being so much against it; and it appeared to your Committee, by Articles of Agreement, dated the 31st Day of December, 1761, that the said John Goodman and Sear Newman did thereby consent and agree to an Inclosure of all the Open and Commonable Fields, Lands, Cow Pasture, and Fields, within the said Parish of Simpson, and to pay their respective Proportions of the Expence of an Act of Parliament; and other the necessary Expences attending the same; and also except John Newman, whose Interest in the said Lands and Grounds is £30 a Year, who said he would not sign it; and also except Nicholas Lucas the younger, whose Interest in the said Fields is £36 a Year, who said he had no Objection to sign, if the Cow Pasture had been left open; and also except Daniel Lucas, whose Interest in the said Lands and Grounds is £25 a Year, who refused signing; and also except George Wilkes, whose Interest in the said Lands and Grounds is £1, 10s. a Year, who said he had no Occasion to sign, because he had agreed with Mr. Hanmer for the Purchase of his Commons; and also except Richard Goodman, Edward Ashwell, for a Minor, Edward Cooke and John Fox, whose Interest in the said Lands and Grounds together amounts to £5, 10s. a Year, who were not applied to; and also except Sarah Hawes, Widow, who is lately dead; and also except George Stone, whose Interest in the said Lands and Grounds is £3 a Year, who was not applied to, because he had sold his Interest to Mr. Hanmer, who has consented to the Bill; and also except Six out of Eight of the Feoffees of Lands belonging to the Poor of Simpson, which Lands are of the yearly Value of £24: and also except the Feoffees of certain Charity Lands and Grounds, of the yearly Value of £16; William Cooper, one of the Feoffees, being asked to sign a Bill testifying his Consent, said he was against it; and that the yearly Value of the said Lands and Grounds, in the said Fields, Cow Pasture, Common Meadows, Lammas Grounds, and Waste Grounds, amounts to Seven Hundred Ninety-nine Pounds, Fifteen Shillings, or thereabouts;)....’

After the Report was read, Counsel was heard for the Petitioners against the Bill, but the Bill was read a third time and sent up to the Lords. March 29, it was read a second time, and a Petition against it from John Goodman, John Newman, Nicholas Lucas and others was received. April 14, Lord St. John of Bletsoe reported it without amendments from the Committee, but it was defeated on its third reading.

Second Attempt, January 15, 1765.—Walden Hanmer, Esquire, the Rector, and others again petitioned for enclosure. Leave was given to bring in a bill, but nothing came of it.

Third Attempt, February 6, 1770.—Walden Hanmer, Esquire, and others again petitioned for enclosure. Leave was given, and a bill read twice and sent to Committee.

March 6, 1770.—‘A Petition of the Major Part of the Owners and Proprietors’ against the Bill, stating ‘that the Petitioners are very well satisfied with the Situation and Convenience of their respective Lands and Properties in their present uninclosed State,’ and that the Bill will do them great Injury.

Report and Enumeration of Consents.—March 6, 1770 (same day).—Mr. Kynaston reported that the allegations were true, and that the Parties concerned had consented to the Bill ‘to the Satisfaction of the Committee,’ with the following exceptions—Five Persons with property of the annual value of £192, 10s.; Sear Numan, with property of annual value of £20, 15s., ‘who said he must do as his Father would have him’; John Lucas the younger, with property of the annual value of 15s.; George Cross, ‘who would not say any Thing,’ with property of the annual value of £5; Elizabeth Mead, ‘who said she should sell when inclosed,’ with property of the annual value of £2, 10s.; and Five Persons, who said they would not oppose the Bill, with property of the annual value of £77, 10s. The annual value of ‘the whole of the Estates in the said Fields intended to be inclosed’ was given as £773. The Bill passed the Commons and the Lords, where a petition against it was considered. It received the Royal Assent on March 29, 1770.

Main Features of Act.—(Private, 10 George III. c. 42.)

Commissioners.—Three appointed. (1) The Rev. John Lord of Drayton Parslow, Clerk; (2) Thomas Harrison of Stoney Stratford, Gentleman; (3) Francis Burton of Aynho, Northamptonshire, Gentleman. Two a quorum. Vacancies to be filled up by remaining Commissioner or Commissioners from persons ‘not interested in the Division and Inclosure.’ No particulars of payment.

A survey to be made by a surveyor nominated by Commissioners.

Claims.—The Commissioners are ‘to hear and finally determine’ any differences about Interests and Rights.

System of Division—Special Provisions:

Provisions for Lord of the Manor.—None (as there seems to have been no common or waste ground concerned).

His manorial rights, right of common excepted, to go on as before.

Provisions for Tithe Owners.—The Rector to have (1) such parcels of Land as shall be a full equivalent of his glebe lands and common Right; (2) ⅐ part of all the rest, ‘Quantity as well as Quality considered,’ as full compensation for all Tithes.

In the case of old inclosures which have allotments, the Commissioners can give him either part of these or part of the owner’s allotment in place of tithes, and in case of old inclosures, etc., which have no allotment, they remain subject to Tithes.

The Rector is exonerated from keeping a Bull and a Boar.

Provision for Gravel, Sand, etc.—See Allotment of Residue.

Provision for Poor.—None.

Allotment of Residue.—As soon as is convenient after the survey is made, the Commissioners are to set out and allot the land in proportion to the respective interests and right of common of the claimants, ‘having a due Regard to the Situation and Convenience, as well as to the Quantity and Quality of the Lands and Grounds.’ The award, which contains their decision, is to be final and conclusive.

Allotments must be accepted within 12 calendar months. Failure to accept excludes the allottee from all Benefits under the Act. (Saving clause for infants, etc.)

If material is needed for the roads, the surveyors may, under an order from two J. P.’s not interested in the inclosure, enter on any allotment and take it, except where the allotment is a garden, park, orchard, paddock, wood, or ground planted with an avenue of trees for the ornament of any House.

Incroachments.—Not mentioned; as no common.

Fencing.—To be done ‘at the proper Costs and Charges’ of the respective allottees, as directed by the Commissioners, except in the case of the Rector, whose allotment is to be fenced for him by the other proprietors, and whose fences, if they abut on a highway, are to be kept up by the other proprietors for 7 years. The fencing of all allotments must be carried out within 12 months after the Award, and if any person refuse to fence, the Commissioners, on complaint of a neighbour, can do the fencing and charge it to the recalcitrant owner, distraining on his goods, if necessary. If any one proprietor has more than his fair share of fencing to do, then the Commissioners can make the other proprietors pay something towards it. If any allotment abuts on a common field, fencing is not compulsory.

Expenses.—These are to be paid by the Owners and Proprietors ‘by an equal Pound Rate according to the Value of the Lands and Grounds each Person shall have allotted to him.’ Proprietors are allowed to mortgage their allotments up to 40s. an acre in order to meet expenses.

Compensation to Occupiers.—All rack-rent leases are to be null and void, the owners making such satisfaction to the tenants as the Commissioners think reasonable.

Roads.—Commissioners to have full power to set out and shut up roads, footpaths, etc.

Power of Appeal.—To Quarter Sessions only; and not in cases where the Commissioners’ decisions are final and conclusive, as, e.g., on claims and allotments.

Arrangements between Act and Award.—Directly the Act is passed, till the allotments are made, the Commissioners are to have ‘the sole, intire and absolute Management, Order and Direction’ of all the land with regard to cultivation, flocks, etc., any usage to the contrary notwithstanding.

Award.—Bucks, with Clerk of the Peace or Clerk of the Council. Date, April 26, 1771.