Harthill with Woodhall Enclosure Award
An Act for dividing and inclosing a certain common or open piece of waste ground in the Parish or Township of Harthill with Woodhall, in the County of York
Whereas there is an open and unenclosed Piece or Par-preamble. cell of common or waste ground, situate and being within the Parish of Harthill, in the County of York, commonly called or known by the name of Woodhall Moor or Common, containing by estimation 300 acres, or thereabouts:
And whereas the most Noble Thomas Duke of Leeds is Lord of the said Manor of Harthill with Woodhall, Patron of the Church, Rectory, or Parsonage, of Harthill aforesaid, and also Owner or Proprietor of the greatest part of the Messuages, Cottages, Lands, and Tenements, within or belonging to the said Parish or Township of Harthill with Woodhall, and is Owner of the Soil of the said Common called Woodhall Moor or Common; and John Hewett, Clerk, is the present Rector of the said Church, Rectory, or Parsonage, and, as such, possessed of, or entitled to, the Parsonage House, and the Glebe Lands thereunto belonging, and to the tithes of Corn, Grain, Hay, wool, and Lambs, and all privy and other Tithes to the said Rectory belonging, or in any wife appertaining.
And whereas Gilbert Rodes, Esq., Robert Belk, Peter Belk, and John Norborne, George Story, John Willis, and John Kitchen, with other Freeholders, are Owners and Proprietors of the residue of the Messuages, Cottages, Lands, and Tenements, within or belonging to the said Township of Harthill with Woodhall; and the said Thomas Duke of Leeds, and the several other Freeholders, Owners, and Proprietors, in respect of such their Messuages, Cottages, Lands, and Tenements, are entitled to, and they, and their Tenants, occupy and do enjoy, Common of Pasture for their Cattle in, over, and upon, the said Common called Woodhall Moor or Common, and at all times in the year.
And whereas the said Thomas Duke of Leeds, John Hewett, Gilbert Rodes, Robert Belk, Peter Belk, and John Norborne, George Story, John Willis, and John Kitchen, and others, Owners and Proprietors of Messuages, Cottages, lands, and Tenements, interested in the Common or Piece of waste ground, are willing and desirous that the same may be enclosed, taken in, and divided, by Commissioners' in that behalf to be appointed; and specific Parts and Shares thereof may be assigned and allotted to the several Proprietors thereof respectively, in severalty, in lieu of, and in proportion and according to, their several and respective Shares, Interests, and Common Rights, in, and over, and upon, the said Common, or Piece or Parcel of waste ground, as the same is now open and unenclosed; and in the manner, and subject to the Rules, Orders, and Directions, herein after mentioned, prescribed, and declared, concerning the same.
But although such division and inclosure will tend to the manifest Advantage of the Several persons interested in the premises and be an improvement in their several estates; yet the same cannot be established or rendered effectual 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 William Stainford in the County of York William Marsden of Barnsley in the said County of York and Francis Rushby of the said Parish of Harthill and Geo. ...? 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.
... to divide, assign, appoint, set out, and allot the said Common, Piece or Parcel of Waste ground herein before mentioned, unto and amongst the said Thomas Duke of Leeds, John Hewett, Gilbert Rodes, Robert Belk, Peter Belk, and John Norborne, George Story, John Willis, and John Kitchen and the several owners and Proprietors intitled to in, the same, in proportion and according to their Several Shares, Interests and other Rights and Properties, in, upon and over, the said Common, Piece or Parcel of waste Ground, subject nevertheless to the the Rules Orders and Directions, in and by this Act ordered, directed, estsblished appointed and prescribed
Provided always, and be it further granted, by the Authority aforesaid, that this Act shall not prejudice, lessen, or defeat, the Rights, Titles, or Interests, of the said Duke, as Lord or Lords of the said Manor of Harthill with Woodhall, or of any future Lord or Lords of the said Manor, of, in, or to, the Seigniory, Royalties, Rights, and Services, incident and belonging to the said Manor; but that the said Duke, and such Lord or Lords for the time being, and all Persons claiming and to claim under and in Trust for him or them, as Lord or Lords of the said Manor, shall, at all times hereafter, hold and enjoy all Rents, Services, Rights, Royalties, Courts, Perquisites and Profits of Courts, Stone Quarries, Coal Mines, and other Mines and Minerals, together with all Rights, Powers, Authorities, Privileges, Liberties, Advantages, Ways, Wayleaves, Paths, and Passages whatsoever, for the more easy and effectual getting, winning, taking, felling, vending, carting, and carrying away, of or from such Quarries, Coal Pits, or Mines, all and all manner of Stone, Coals, Mines, and Minerals; and also all Goods and Chattels of Felons and Fugitives, Felons of themselves, and put in Exigent Deodands, Waifs, Estrays, Forfeitures, and all other Royalties, Privileges, and Jurisdictions, to the said Manor, or to the Lord thereof, incident, belonging, appendant, or appertaining (other than and except the right of the Soil and Inheritance of such Parcels of Land as shall be allotted by virtue of this Act to any other Person or Persons; and also such Right of Common, and other the Depasturage, as can or may be claimed by the Lord or Lords of the said Manor, upon the Lands hereby intended to be inclosed) in as full, ample and beneficial Manner, to all Intents and Purposes, as he or they might have held and enjoyed the same before passing this Act, or in case the same had not been made.
Saving always to the King's most Excellent Majesty, his Heirs and Successors, and to all and every other Person or Persons, Bodies Politic or Corporate, his, her, and their Heirs, Successors, Executors, and Administrators (Other than and except all Persons to whom any Allotment or Allotments of Land shall be made by virtue of this Act, and others meant and intended to be barred by this Act). All such Estate and Interest as they, every, or any of them, had and enjoyed, of, into, or in respect of, the said Common, Piece or Parcel of waste Ground, before the passing of this Act, or could or might have had or enjoyed, in case the same had not been made.
We do hereby consent to this Act and desire the same pass into a Law:
Duke of Leeds
Rector Hewett
Gilbert R(h)odes
John Norborne
Robert Belk
Peter Belk
John Willis
George Story
John Story
John Kitchen
Thomas Pitchfork
1761
©2004