2 20 History of the English Landed Interest. 



(i.e. in technical language " approve "), against the latter/ 

 and also against his neighbours,^ he would have had in nine 

 cases out of ten to convince a jury of assize that a sufficiency 

 of unenclosed land still remained to satisfy the wants of the 

 other commoners. By statute 29 Geo. II. c. 36, amended by 

 statute 31 Geo. II. c. 41, further facilities of enclosing wastes 

 were afforded, solel}^ however for the purpose of propagating 

 useful timber, and by 13 Geo. III. c. 81 a majority of the 

 commoners might make temporary regulations as to the times 

 of turning on and removing their cattle. 



When an enclosure agitation arose in any locality, the usual 

 procedure was for the principal proprietors to call a general 

 meeting of all persons entitled to or interested in a right of 

 common. If a majority of two-thirds, or three-fourths in value 

 were in favour of the division, notices were affixed to the door 

 of the parish church, signifying the intention of the parties to 

 apply by petition to Parliament for an Act to empower and 

 require commissioners and arbitrators to make the division.^ 



Let us take an example. Here is an Act for dividing and 

 allotting certain commonable grounds or waste woodlands in 

 the township of Atherstone. The preamble sets forth that the 

 lord of the manor is seised of these lands, of which it gives 

 the acreage and description. It enumerates a long list of 

 persons (among whom appears the parson) who, as proprietors 

 of ancient messuages and dwelling-houses, or sites of ancient 

 messuages and dwelling-houses, are entitled to various rights 

 of common on these lands, and who profess themselves desirous 

 that they should be divided, allotted, and vested amongst 

 themselves in the way particularised in the Act. 



Save that the body of the commoners reserve to themselves 

 rights to make bj^e-laws and buy some of the trees as shelter 

 for their livestock, the lion's share of the profits, as well as of 



» 20 Hen. III. c. 4. » II. West. 13 Ed. I. c. 46. 



^ Vide Report to the Board of Agriculture for Middlesex, 1794. It 

 may be here briefly mentioned that the various county correspondents 

 had been asked by Sir John Sinclair to state their views as to the results 

 of the enclosure system on rents, produce, population, and society, and 

 we shall now draw largely on their replies for information. 



