222 History of the English Landed hiterest. 



convened specially for the purpose, and notice of its execution 

 had to be published the following Sunday on the church door. 

 It was then enrolled either at Westminster or with the clerk 

 of the peace of the county. Immediately after the making 

 of the allotments and execution of the award, a notice had to 

 be posted on the church doors declaring all rights of common 

 extinguished. Lastly, persons neglecting or refusing to accept 

 their allotments within two calendar months from the exe- 

 cution of the award, were to be cut off from all interest in 

 the lands. 



The chief drawback to enclosing seems to have been the 

 expense of the process. " The charges of obtaining an Act 

 of Parliament," asserts the Cumberland writer, " and the 

 various additions made thereto by the ingenuity of the prac- 

 titioners of law, are in some cases three or four times more 

 than aU the other expenses put together. Surely this might 

 be avoided by a General Act ? The House of Commons has 

 already laid a foundation by the standing orders respecting 

 such Bills. If two-thirds of the proprietors request a division, 

 we see no reason why they should be put to the expense of 

 obtaining an Act of Parliament, because two or three, or 

 possibly only one, ignorant or ill-natured person or persons are 

 absurd enough to oppose it," 



In this short paragraph is practically summed up all the 

 difficulties suggested by scores of experts throughout the 

 country. It was no use for the lord of the manor, however 

 powerful he might be, to act single-handed. If the commoners 

 considered (and when did they not consider ?) that he had not 

 left them sufficient land,^ they might undo all his work and 

 break up his fences.^ 



In the large wastes of the West Riding, some exception 

 seems to have been made by 12 Anne c. 4, in virtue of which 

 the freeholders might enclose without a special Act of Par- 

 liament, provided a sixth part was set apart for the benefit of 

 poor clergymen ; but, as a general rule, all the freeholders 



' 13 Ed. I. c. 46. 



* Several cases occurred where parishes enclosed their commons 

 without calling in the aid of legislation. 



