A HISTORY OF LANCASHIRE 



Waste."' In the second year a disputed title to turbaries was tried between 

 rival claimants to Kirkby Moss and Simondswood Moss,"" which goes far to 

 prove the keenness with which the landowners were inclosing or contending 

 between themselves for the great peat beds of Lancashire. 



Again a commission was issued to inquire into these encroachments upon 

 commons and wastes, and to discover 'concealed lands' and mills erected 

 without licence."^ As before, the Townley inclosures of waste were a 

 prominent subject of litigation, and a commission was appointed under presi- 

 dency of the Vice Chancellor of the county to inquire into the cases cited 

 above as well as into the complaints of the copyholders of Burnley and 

 Cliviger Wastes, and as to their rights to common of pasture in Horelowe 

 pasture inclosed by Sir John Townley, deceased, and others."' In 1554-6 a 

 dispute arose as to right of pasture and turbary between the lord of Over 

 Darwen Manor and the tenants who claimed common rights upon Darwen 

 Moor.'^^ 



Throughout Elizabeth's reign the fight over the turf moors went on 

 fiercely. The Nowells, lords of the manor of Read, refused the rights of 

 common of pasture on Sabden Waste and Read Moor.*'* At the same time 

 there were disturbances at Turton Moor, and again at Haslingden.''" In 1564 

 right of pasture was claimed by the tenants on 500 acres of waste, moor, ' 

 and turbiry at Woolston Manor, Poulton, and Rixton.'''* In 1577 there was 

 a dispute of this kind at Cartmell Fells,"' and at Worston, Downham, Mearley, 

 Chatburn, and Pendleton the tenants claimed right of pasture for their cattle 

 on the common land, which the lord of the manor refused."' At Preston in 

 1595 the mayor and burgesses were plaintiffs in a suit brought for exercising 

 the alleged right of digging for turves on Penwortham Moss,"' which claim, 

 as in a previous case, the king's farmer opposed. In 1601, at Heyton, the 

 lord of the manor brought a suit against certain who made a forcible entry 

 on Heyton Moss and threw his inclosures down there. °*° 



A dispute as to the tenants' right to quarry slate or stone upon the 

 manor was carried to law by the Nowells of Read in 1565,'*^ and in 1590 a 

 similar question was litigated about the ' delfts' at Bury,^*^ while in connexion 

 with the ' mines, delfts of stone and slate ' at Chester Brook and Sprodspool, 

 Ribchester, there was a suit for breach of contract."*' In 1593, at Downham 

 Green and at Chatburn the tenants fought for their right to get lime and 

 burn it in kilns,"" and in 1597 the same suit was brought again.'" At 

 Wigan -" in the same year a suit was brought about the right to dig clay and 

 stone, and there was a dispute at Copholt Common, Rainhill, where a popular 

 right was claimed to quarry firestone and ' marl.' ^" Stone, slate, turf, and 



"^ Duchy of Lane. Plead, xxxiv, T. 9. "" Ibid. Dep. Ixii, G. I. 



"' Ibid. Ixvi, R. 4. 



"' Commission to inquire as to encroachments of waste ground on complaint and claim of the copyholders 

 of Burnley and Cliviger Wastes to common in Horelow pasture, inclosed by Sir J. Townley, deceased, Sir 

 Richard Townley, deceased, and Frances Townley, widow, and of divers other encroachments in Burnley and 

 Cliviger, and of divers encroachments within Barrowford, particularly of land called Blackowe . . . and other 

 lands, Ribby Waste, Much Singleton, Wrae Waste, and of inclosure of Gresslngham Common of which the 

 inhabitants of Gressingham town claimed the occupation and profits ; Duchy of Lane. Dep. Ixxiii, R. 9. 



»' Duchy of Lane. Dep. kxix, O. 3. ™ Ibid. Plead, xlix, N. 2. ^ Ibid. H 19 



"^Ibid. lix, H. 32. ^" Ibid, civ, K. 3. "« Ibid, cliii, G. 7. 



"' Ibid, clxxiv, P. 12. "" Ibid, cxcvi, B. 3. «' Ibid. Ixiv, N 2 



'" Ibid, cliv, L. 7. '" Ibid, clvi, W. 16. "' Ibid, clxvi, R. 3. 



'" Ibid, clxxix, A. 8. "« Ibid, clxxxix, F. 9. '" Ibid, ccii, E. 8. 



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