Masbrough Enclosure Award, 1765
An act for dividing and inclosing several lands and grounds, undivided inclosures, commons, and wastes, in or near the village or hamlet of Masbrough, in the township of Kimberworth , and in the parish of Rotherham, in the County of York.
Whereas there are several pieces of open, common or waste ground, lying within the Village or Hamlet of Masbrough , in the township of Kimberworth, and in the parish of Rotherham in the County of York , called Masbrough Common and the Clough, Masbrough Green, Walk Mill Moor, and Pool Green, containing together Forty-eight acres or thereabouts; and also several common Field Lands, Michaelmas lands and Meadow Grounds within the aforesaid village or hamlet of Masbrough, called by the several names of Heanly Field, Upper and Lower Masbrough Field,Back Lane Fields, Leys Croft and Masbrough Meadow, containing Thirty Acres or thereabouts; and also divers ancient undivided Inclosures, called or known by several names following (that is to say) the Masbrough Close, now belonging to the Right Honourable Thomas Earl of Effingham and John Hay Esquire, the Wall Close, the Long Masbrough Meadow Close, the Lousy Busks¹, the Tenter Meadow, the Low Hartley Close, the Little Hartley Close, and the Yealands, save and except One Acre, Three Roods, and Eight Perches, Part of the said Yealands belonging to Samuel Walker, Aaron Walker, Jonathan Walker and John Crawshawe; and whereon they have erected several Messuages and other Buildings, which said ancient undivided Inclosures contain Twenty=seven acres or thereabouts.
And Whereas Thomas Earl of Effingham is Lord of the Manor of Kimberworth aforesaid, and Impropriator of the Rectory and Patron of the Advowson 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, William Earl of Bessborough, John Hay and several other Persons who are respectively seized of and intitled to the Lands and Grounds above mentioned, and antient undivided Inclosures, are also are by antient Usage or Custom intitled to and do respectively claim a Right of Common for their Cattle in, over and upon the said Commons or waste Grounds, called Masbrough Common and the Clough, Masbrough Green, Walk Mill Moor, and Pool Green at all times in the Year by a determinate Stint:
And whereas the Lands and Grounds of the several Owners and Proprietors, in the said common fields and Meadow Grounds and undivided Inclosures, lie intermixed and dispersed in very smalll Parcels, and at different Places, greatly inconvenient to the respective Owners thereof, and in their present Situation are not so capable of Improvement as is the same were inclosed and divided, and specific Parts thereof were allottd to each of the respective Proprietors thereof:
And whereas the said Thomas Earl of Effingham, William Earl of Bessborough, John Hay and other Owners and Proprietors of the Lands, Grounds, Michaelmas Lands and undivided Inclosures, within the said Village or Hamlet of Masbrough , are willing and desirous that the same should be divided and allotted by Commissioners for that Purpose to be appointed, and that such Allotments should be inclosed; but that in the first place a full and adequate Compensation should be made by an Allotment out of the said Common or waste Ground to the said Thomas Earl of Effingham as Impropriator of the Masbrough Common and the Clough, Masbrough Green, Walk Mill Moor, and Pool Green for all the Times to come and that the whole residue of such Common or waste Ground and also the Whole of the said common Fields, Meadow Grounds Michaelmas Lands and undivided Inclosures, (except as in this Act excepted) should be let out, divided, and allotted to and amongst the said Thomas Earl of Effingham and the several other Proprietors and Persons interested therein respectively, in Proportion to their respective Common Rights and Shares, Rights and Interests therein respectively; and that all Right of Common, Average, or Stray in, over, or upon the same, or any of them, may cease, and be absolutely extinguished:
But although such Division and Inclosures will tend greatly to the Benefit and Advantage of all the Persons interested in the said common Grounds, Field Lands, and undivided Inclosures, and be a great Improvement of their Estates and Properties in the said Village or Hamlet of Masbrough; Yet as the same cannot be established and rendered effectual to answer the Intention of the Several Persons interested in the same without the Aid and Authority 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 or waste Grounds called strong>Masbrough Common and the Clough, Masbrough Green, Walk Mill Moor, and Pool Green and the said common fields and Michaelmas Lands and Meadow Ground called Heanly Field, Upper and Lower Masbrough Field,Back Lane Fields, Leys Croft and Masbrough Meadow, and undivided inclosures (except as in this Act excepted) shall on or before the Twenty-ninth Day of September One thousand Seven hundred and Sixty-seven, be set out, divided, apportioned, and allotted by William Marsden of Barnsley, in the County of York, Esquire, and Leonard Webster of Sheffield,in the County of York, Gentleman, Edward Oates of Rawmarsh, in the County of York, Esquire, Commissioners appointed by this Act and their Successors to be appointed by virtue of this Act or any two of them in the Manner, and subject to the Rules, Orders, and Directions herein mentioned.
And it be further Enacted by the Authority aforesaid, That nothing in the Act shall extend or be confirmed to extend to affect the Land in Lousy Busks ¹ aforesaid belonging to the Poor of Rotherham.
Notes:¹ Referred to in 1812 as Lousie Busks
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