An act for inclosing and dividing the common fields, moors, and common grounds, in the township of Rotherham 1762
Whereas there are several arable or manureable Lands & Grounds lying and being and comprised within the common Fields in the Township of Rotherham in the West Riding of the County of York, called the Gallow-Tree-Hill or Haselgreave Field, Badsley Moor Field or Micklehill Field, the Netherfield, Saint Ann's Well Field, and Canklow Field ; and also certain Lands and Grounds called Michaelmas Land, formerly taken in from the Common Fields, and which are inclosed and used by the owners thereof as separate Property during part of the year, and at Michaelmas in every Year laid open and depastured in Common respectively, containing together by estimation about seven hundred and fifty acres; and also a piece of Open Pasture, common or waste ground, called Badsley Moor, adjoining to Badsley-moor Field or Micklehill Field aforesaid, containing about Seventeen Acres; also a certain piece of open Pasture or waste Ground, in Saint Ann's Well Field called the Butts, containing about Three Acres; and also a certain common Heath or waste Ground, called Rotherham Common or Rotherham Moor, containing about Two hundred Acres:
And whereas the Right Honourable Thomas Earl of Effingham is Lord of the Manor of Rotherham aforesaid, and also Impropriator of the Rectory and Patron of the Advowson of the Parish Church of Rotherham aforesaid, and is also intitled to all the Tythes, both Great and Small, arising or renewing within the said Township (other than and except such Small Tythes, Duties and Payments, as belong and are payable to the Vicar of the Parish Church of Rotherham aforesaid, for the Time Being,videlicet. For every Plough Four Pence, for every Foal Four Pence, for every Dovecoat Four Pence, for every Malt Kiln Four Pence, for every Person exercising any Trade Four Pence, for every House Two Pence,,for every Communicant Two Pence, for every Hive of Bees One Peny, for Servants Wages One Farthing in the Shilling, for every Garden One Peny, and for every Milch Cow kept within the said Parish Three half-pence, in lieu of the Tyth of Milk and Calves):
And whereas the said Thomas Earl of Effingham and the Right Honourable William Earl of Bessborough in the Kingdom of Ireland, Catherine Buck, widow and several other Persons who are respectively seised of and entitled to the Lands and Grounds above-mentioned and who are also owners and Proprietors of Ancient Messuages or Tenements, Tofts or Frontleads, called Common Right Houses, in the said Township of Rotherham, are by ancient usage or custom intitled to or do respectively claim such right of Common for their cattle in, over and above the said Fields, Land, Pastures, Moors, and Waste Grounds, in such manner, and under and subject to such Rules, Stints and Restrictions as are herein after mentioned; that is to say the owners and proprietors of Lands in the common fields, and Michaelmas lands do, for every acre of their said Lands respectivelt lying fallow. claim a right to turn in and depasture Six Sheep in and upon all the said Commons, Moors and waste Ground during the winter, until the Fourth Day of May Old Stile in every year and from thence to Lammas Day, or the First day of August Old Stile in every Year, a Right to depasture the said Six Sheep in and upon that Part of the said Moor called Rotherham Moor or Common, which lieth under the Highway over the said Moor leading to Whiston, in the said County, called the High Gate or London Way and then to turn in and depasture the said sheep promiscuously, and together with the cattle of other owners of Common Right Houses upon the Common Fields and Michaelmas Lands, in the township Of Rotherham aforesaid, which will then be laid open and commonable; and as the said Owners of the said Common Right Houses, have by constant custom and usage, depastured their commonable Cattle in and upon the Herbage and Grass grounds lying in the said common arable fields and Michaelmas lands, and of which they will be deprived and defeated by means of the said intended inclosure, they now claim that Lands and Grounds should be assigned and allotted to them respectively upon the said Inclosure in Lieu of, and as a Recompence and Satisfaction for the loss of the said Common Right, in and upon the said Herbage and Grass grounds as aforesaid; and the said Owners and Proprietors of Lands and Grounds in the said Common arable fields and Michaelmas Lands do also claim an Allotment of Lands and Ground to be made to them in lieu of and as an Equivalent for their Right of Common for Sheep upon the said Moors, Commons, and waste Grounds, in respect of their said Fallow:
And whereas the Lands and Grounds of the said several Owners and Proprietors in the said common Fields and common Grounds lie intermixed and dispersed in small Parcels and different places, greatly inconvenient for the respective Owners thereof, and cannot be properly manured and cultivated but at a great expense, and in their present situation and condition are in great measure incapable of improvement.
And whereas the said Thomas Earl of Effingham, William Earl of Bessborough, Catherine Buck, and other Owners and Proprietors of Messuages, Tenements, Tosts, and other Frontsteads, Lands, Grounds, and Michaelmas Lands respectively, in the Township of Rotherham aforesaid, are willing and desirous that the said common Fields, common Pastures, Moors, and waste Grounds, should be inclosed and divided by Commissioners in that behalf to be appointed; and that a proper Recompense and Compensation may be made tot he Impropriator of all the Rectorial Tythes arising from out of the said common Fields, Michaelmas Lands, and common Grounds so intended to be inclosed; and that a specific part of the said common Fields, Pastures, Moors, and waste Grounds respectively, may be allotted to each of the Proprietors as a Recompense and Compensation for their several Lands, Grounds, and Common Right respectively; and that all Right of Common belonging to or claimed by the several Freeholders and Land Owners respectively in, upon, or out of the said Fields, Moors, Wastes, Michaelmas Lands, and common Grounds respectively, may cease and be extinguished.
And although such Inclosures and Division will tend greatly to the Benefit and Advantage of all the persons interested in the said common Fields, Lands, common Pastures, and waste Grounds, and be a great improvement of their Estates and Properties in the said township of Rotherham; Yet as the said Inclosure and Division cannot be effectually made and established to answer the Intention of the Parties interested in the same, without the Aid and Authority of an Act of Parliament,
May it therefore please your Majesty; That it may be Enacted, and be it Enacted, by the KING'S most Excellent Majesty, by and with the advice and content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That all the said common Fields, Michaelmas Lands, common Pastures, Moors, and waste Grounds, lying and being within the Manor and Township of Rotherham aforesaid, shall, on or before the Twenty-ninth day of September One thousand Seven hundred and Sixty-four, be set out, divided, apportioned and allotted, by George Walker of MiddlewoodWilliam Marsden of Barnsley, in the same County, Esquire, Thomas Smith of Balby, in the same County, Gentleman, Joseph Pursglove of Wickersley , in the same County, Gentleman, and Henson Kirkby of Worksop, in the County of Nottingham, Gentleman, or Their Successors or any Three or more of them, in the Manner, and subject to the rules, Orders, and Directions, in and by this Act ordered and directed, established, appointed and prescribed.
And, for the more just and regular Division and Distribution of the Lands and Grounds so to be inclosed as aforesaid, and for the better ascertaining the same. Be it further Granted, by the Authority aforesaid, that a survey shall be made of all the said common Fields, Pastures, Lands, and Grounds, so intended to be divided and inclosed as aforesaid, and of the several Parcels of Land belonging to the Freeholders and Land Owners in the said common Fields, Michaelmas Lands, and common Grounds, and of the number of Acres, Roods, and Perches belonging to each Proprietor respectively; and for that purpose it shall and may be lawful to and for the said Commissioners and their Successors, or any three of them, and for any person or persons to be by them respectively appointed and employed for that purpose, from time to time, as often as they shall think proper, to enter upon, view, survey, examine, and measure the said common Fields, Michaelmas Lands, common Pastures, Moors, and waste Grounds, so intended to be inclosed, and every or any part thereof.
And, that for the better information of the said Commissioners, and enabling them more effectually to execute the Powers and Authorities hereby vested in them. Be it further Granted and Declared, by the Authority aforesaid, that a true and perfect Survey of the said Lands and Grounds, so intended to be inclosed, shall be produced and laid before them at their several meetings to be held for the purpose of this Act; and that within six months after the said Survey shall be so produced, all and every the Lands and Grounds lying and being and comprised within the said common Fields, Pastures, Moors, common and waste Grounds respectively, shall, by the said Commissioners and their Successors, or the survivors, or any three or more of them. By examination of Witnesses upon Oath (which Oath the said Commissioners, or any three of them, are hereby authorised and empowered to administer) and upon other proper and sufficient evidence, set out, ascertained, allotted, and divided, in the manner, and pursuant to the rules, orders, and directions, herein-after laid down, appointed, and prescribed.
And be it further Granted, by the Authority aforesaid, that the said Commissioners and their Successors, or any three or more of them, do and shall at their discretion set out, assign, allot, and appoint, unto and for the said Thomas Earl of Effingham, as Lord of the Manor of Rotherham, and the Lords of the said Manor for the time being, such Parcel or Quantity of Land lying and being in, and being part of, the said moors, Commons, or waste Grounds respectively, as the said Commissioners or their Successors, or any three or more of them, shall adjudge and determine to be a full equivalent and Compensation for all Mines, Minerals, and Quarries lying and being within or under any of the said Moors, Commons, or waste Grounds hereby directed and intended to be inclosed; and that all such Mines, Minerals, and Quarries, shall, from time to time, and at all times after making the said Allotment, belong to and be the property of the several persons who shall for the time being respectively by virtue of this present Act be entitled to the Lands and Grounds wherein such Mines, Minerals, or Quarries respectively shall be found or discovered; any thing herein contained to the contrary notwithstanding. And also that the said Commissioners and their Successors, and any three of them or more, do and shall assign, set out, allot, and appoint to and for the said Thomas Earl of Effingham and the Impropriators of the said Rectory, for the time being, so much and such part and parts of the said common Pastures, Moors, Commons, or waste Grounds, so intended to be inclosed, as they respectively shall adjudge and determine to be a just and reasonable Compensation for the Rectorial Tythes to arise and become due and payable to the said Impropriators for, out, or in respect of the said common Pastures, Moors, Commons, and waste Grounds respectively; and also shall and do set out, assign, and allot all the common arable Fields herein before mentioned, and also the said common Pastures, Moors, Commons, and waste Ground, so intended to be inclosed, which shall remain, after the said Allotment to and for the Impropriators shall be made as aforesaid, unto and for the said Thomas Earl of Effingham, the Lord of the said Manor of Rotherham, and other Freeholders and Owners of Lands and Common Right Houses in the Township of Rotherham as aforesaid, in such Quantities, Shares, and Proportions, as by the said Commissioners or their Successors, or any three or more of them, shall be adjudged and determined to be full Recompense, Satisfaction, and Equivalent for their several and respective Lands, Grounds, Common Right, and Interest in the common Fields. Michaelmas Lands. Moors, common Pastures, and other common Grounds, and Wastes, so agreed and intended to be inclosed as aforesaid.
Provided always, that nothing in this Act contained shall extend, or be construed to extend, to empower the said Commissioners, or any of them, to give undue preference to the parties interested or concerned in the said intended Division and Inclosure; but that the said Commissioners, in making all such Divisions and Allotments, shall have a due regard as well to the respective Rights and Interests of the persons entitled, as to the quality and quantity of the Lands and Grounds so to be divided and allotted as aforesaid; and that the several Parcels and Quantities of Land to be allotted to the several Owners and Proprietors shall be laid out and allotted to each of them respectively, so that the same may be contiguous and lie all together, or as near as the same can conveniently be done.
And be it further Granted, by the Authority aforesaid, that immediately after such Division and Allotments shall be made as aforesaid, there shall be paid such Rent or yearly Sum for every acre of the Lands and Grounds lying in the common arable Fields and Michaelmas Lands aforesaid, which shall not be allotted unto and for the said Thomas Earl of Effingham as aforesaid, by the Owners and Proprietors thereof respectively for the time being, unto him the said Earl and the Impropriators of the said Rectory for the time being forever, as the said Commissioners or their Successors, or any three or more of them, shall adjudge and determine to be a full Equivalent, Compensation, and Satisfaction, for the Rectorial and Impropriate Tythes belonging to him and them, for, in, upon, or out of, the said Michaelmas Lands, and other Lands and Grounds in the said common arable Fields so intended to be inclosed as aforesaid, and in the like proportion for any greater or less quantity than an Acre; and which said yearly Rents or annual Sums respectively shall be payable and paid on Michaelmas Day in every year for ever, the first payment thereof to begin and be made on the Michaelmas Day which shall first happen after the said Division and Allotment shall be made aforesaid.
And be it further Granted, by the Authority aforesaid, that in case any of the said yearly Rents or annual Payments, or any part thereof respectively, shall be behind or unpaid for twenty days after the Feast or Day herein before appointed for payment thereof respectively, then, and in such case, it shall and may be lawful to and for the said Thomas Earl of Effingham, and the Impropriators of the said Rectory for the time being, as often as it shall so happen, to enter into and upon the Lands and Grounds which are respectively chargeable by this Act with the yearly Rents or annual Payments so in arrear, and distrain for the same, and to take, carry away, and
and payments herein mentioned to belong and to be payable to him and them respectively, or to any Mortuaries, Easter Offerings or Surplice Fees, happening, arising or renewing, within the said Parish of Rotherham.
And whereas Elisha Biscoe Esquire, and Vincent John Biscoe, Esquire, Executors of the last Will and Testament of Joseph Biscoe, Gentleman, deceased, are, by virtue of and under a Lease made to the said Joseph Biscoe, their father, possessed of the Manor House, Messuage and Farm, called Eastwood, and the Lands and Grounds thereunto belonging, being within the Township of Rotherham, containing by estimation Two Hundred and Fifty-one acres, and of all the Tythes of Corn, Grain and Hay, and all other Tythes growing, renewing, or arising, off or upon the same, for the Residue of a Term of Sixty-one years, commencing from the Twenty-ninth day of September One thousand Seven hundred and thirty-three : It is hereby further enacted That the Lands and Grounds which upon the said intended Inclosure, shall be assigned and allotted to the said Elisha Biscoe and Vincent John Biscoe , by virtue and in pursuance of this Act, for in lieu, or in respect of the said Messuage or Farm called Eastwood and the lands and Grounds thereto belonging, or any part thereof respectively, shall be held and enjoyed by them, and all Persons claiming under them, for all the residue and remainder of the said term of Sixty One Years, now to come and unexpired, freed, discharged,and exempted of and from all the Tythes of Corn, Grain and Hay, and all other Tythes, arising, renewing, or payable for, out of, or in respect of the same, and without paying any yearly or other Sum to the said Thomas Earl of Effingham, or the Impropriator of the said Rectory for the Time being, in respect of such Tythes; anything herein contained, declared or implied, to the contrary in any-wise notwithstanding.
Vincent John Biscoe (1721–70), was a West India merchant. His brother Elisha Biscoe (1705–76), a prosperous attorney , landowner. Their father Joseph was a wealthy landowner with properties in Middlesex, Hertfordshire, Buckinghamshire and Oxfordshire. He was Deputy Chirographer of the Court of Common Pleas, who died in 1750
©2004