[32] There were probably many enclosures that had not the authority either of a special Act or of the Act of 1756, particularly in the more distant counties. The evidence of Mr. Carus Wilson upon the committee of 1844 shows that the stronger classes interpreted their rights and powers in a liberal spirit. Mr. Carus Wilson had arranged with the other large proprietors to let out the only common which remained open in the thirteen parishes in which his father was interested as a large landowner, and to pay the rent into the poor rates. Some members of the committee asked whether the minority who dissented from this arrangement could be excluded, and Mr. Wilson explained that he and his confederates believed that the minority were bound by their action, and that by this simple plan they could shut out all cattle from the common, except the cattle of their joint tenants.—Committee on Inclosures, 1844, p. 127.
[33] E.g. Laxton enclosed on petition of Lord Carbery in 1772. Total area 1200 acres. Enclosure proceedings completed in the Commons in nineteen days. Also Ashbury, Berks, enclosed on petition of Lord Craven in 1770. There were contrary petitions. Also Nylands, enclosed in 1790 on petition of the lady of the manor. Also Tilsworth, Beds, enclosed on petition of Charles Chester, Esq., 1767, and Westcote, Bucks, on petition of the most noble George, Duke of Marlborough, January 24, 1765. Sometimes the lord of the manor associated the vicar with his petition: thus Waltham, Croxton and Braunston, covering 5600 acres, in Leicestershire, were all enclosed in 1766 by the Duke of Rutland and the local rector or vicar. The relations of Church and State are very happily illustrated by the language of the petitions, ‘A petition of the most noble John, Duke of Rutland, and the humble petition’ of the Rev. —— Brown or Rastall or Martin.
[34] This Standing Order does not seem to have been applied universally, for Mr. Bragge on December 1, 1800, made a motion that it should be extended to the counties where it had not hitherto obtained. See Senator, vol. xxvii., December 1, 1800.
[35] See particulars in Appendix.
[36] A Six Months’ Tour through the North of England, 1771, vol. i. p. 122.
[37] Pp. 21 f.
[38] Cf. Otmoor in next chapter.
[39] See Appendix.
[40] See Appendix.
[41] See House of Commons Journal.