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1761 Seagrave Enclosure Award - part 1 - summary of the introducttion by 8be89c015e72c297

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									                                                                 Seagrave appendix 19, p. 1/4
1761 Seagrave Enclosure Award - part 1 – a summary of the introduction.

[From the transcript by Rev. Clough c.1937 pages 1 to 17, to which the page nos.
refer. The original Award document is held at Leics. Records Office (Leics. R.O.),
ref: EN/A/278/1. A copy of the printed transcript by Rev. Clough is also at Leics.
R.O., ref: L914.2 SEA.]. Updated 15/10/2006 by R. Hill.

Warning: this is not a transcript but paraphrased extracts and notes intended to
convey the main points in the first 16 pages of the printed transcript.

Commissioners appointed (all gentlemen): Hugh Platt of Osgathorpe, John Davys of
Loughborough, John Kirkland of Loughborough, William Wyatt of Seaney Park,
Staffs, and Thomas Drake of Shardlow, Derbys [p. 2].

Fields and commons.
Open fields & meadows known as the Brink Field, the Ansley Field, the Over Field,
and the Nether Field.
Several Commons called the Hills, the Playne, the Woulds, the Gorse, the Slobbs, and
the Wattering-Leys [p. 2].

Lord of the manor: Leonard Fosbrooke Esq.
Rector: Rev. Richard Benskin

Glebe lands and Tithes;
Richard Benskin, in right of the Rectory, is entitled to certain Glebe lands lying
within the said fields and meadows and also to the Rectorial and Vicarial tithes
arising within each of the above named fields and commons, but not to the tithes from
other parcels of ground within the open fields known as Hades* and Slades, as these
are paid in cash at the rate of 3d. per [square?] yard annually in lieu of tithe, nor to
tithes from a parcel of ground in Woulds meadow anciently laid out [see later] in
satisfaction of tithes [p. 2].

          [* Hades and slades: The Local Historian’s Encyclopedia (A126) says it is a Midlands
          term for a headland – a strip of land at the end of a ploughed field upon which the plough
          was turned; the headland was afterwards ploughed at right angles. [ditto (A121) says that
          Slade means a valley, but ‘slade’ is not mentioned again in the Award document. Hades
          occurs only once as ‘Finchard hades Close’ (see allotment 33 to Joseph Brownsword).]

Existing owners of intermixed land.
Leonard Fosbrooke [lord of the manor] is the principal proprietor of the land in
Seagrave; Thomas Fisher, John Woodroffe, and others, are owners of other lands and
meadows lying within the above mentioned lands and of the right of common at open
spaces on the same. Leonard Fosbrooke, as lord of the manor, is entitled to the soil of
the said several commons, and [the same] Leonard Fosbrooke, Thomas Fisher, John
Woodroffe, and several others, are entitled to the rights of common, in the several
commons, in respect of their land and grounds. The whole of the proprietors lands
lay intermixed and scattered over the common fields and meadows, chiefly in very
small parcels, and are therefore incapable of improvement [p. 3]. [There were aprox.
230 acres of other lands – see later.]
Seagrave appendix 19, p. 2/4
The Enclosure Plan and Award Document.
The commissioners were empowered, under ‘an Act for dividing and enclosing
several open fields, meadows, commons, within the lordship and liberty of Seagrave’
to survey and measure the said lands, make a plan, reduce the plan to a written
instrument (the Award document), and re-distribute the lands in whole parcels under
the Act [p. 3]. The original plan is missing. The survey and plan was made by
William Wyatt and William Ulstobb of Hoeton, gentlemen, land surveyors [p.16].
The original plan is lost but has been reconstructed from the details of the land
Awards which follow in part 2. Two copies of the Award document survive, one at
Leics. R.O. as noted above, the other at Westminster Abbey Muniments.

Division of the land.

Leonard Fosbrooke, in addition to the proportion of common land to which he is
entitled, to have 10 acres in lieu of his right to the soil of the several commons [p. 4].

Richard Benskin and his successors, Rectors of the Rectory and church of Seagrave,
to have land equal to one eighth part of the whole manor and lordship of Seagrave,
[one eighth part of?] the Woulds Meadow in lieu of the tithe hay and herbage of such
meadow, and such further ground as is equal in value to the present Glebe lands, and
the Horse Gates, Cow Gates, and Sheep Commons belonging thereto, which should
be fully equivalent to all their Glebe lands in the parish of Seagrave and all their
rectorial, vicarial and all other tithes within the parish, and also all Ox Gates, Cow
Gates, Sheep commons, Horse Gates, rights, privileges, etc. whatsoever belonging to
the Rector and his successors; except the churchyard, house, barns, outhouses,
garden, orchard and homestead belonging to him and them in the right of the said
Rectory. The lands to be so allotted to be subject to the repair of the chancel of the
parish church. [p. 4-5]

The residue of the land intended to be enclosed to be divided between Leonard
Fosbrooke, Thomas Fisher, John Woodroffe, and the rest of the owners and
proprietors of the lands and grounds and rights of Common in the said fields and
Commons intended to be enclosed (exclusive of the said Leonard Fosbrooke in
respect to his said Manor, and the said Richard Benskin in respect to his said Rectory)
in proportion to their several and respective shares and interests and right of Common
and others properties in, upon, and over the said fields and Commons intended to be
enclosed [p. 5].

Public and private roads etc.
The commissioners to appoint such public roads, bridges, fords, causeways, sluices,
drains, banks, and likewise such private ways, hedges, fences, fords, sluices, cuts,
drains, banks, ditches, gates, and stiles in, through, or upon the said fields, meadows,
and commons to be enclosed and the ancient enclosure with the said parish. The
public roads leading from Walton lordship through the lordship of Seagrave and
Thrussington lordship should not be less than forty yards width. The public roads
and ways to be evermore repaired at the general expense of the inhabitants of
Seagrave. Bridle roads, footways, private ways, hedges, fences, etc. to be maintained
by the owners of the land to be enclosed. [p. 5]


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                                                          Seagrave appendix 19, p. 3/4
The herbage and pasturage growing on every public road to be vested in the
commissioners upon trust that one half of the income arising from it be used for the
benefit of the poor of the parish and the other half of the income arising from it to be
used to maintain the public roads. It should be lawful to set and maintain gates across
the roads for the purpose of keeping the half parts of the herbage and pasturage
separate and distinct, but not to prevent passage. The respective half parts of the
herbage and pasturage to be let at a term not exceeding one year and the monies
arising to be applied to the respective purpose. [p. 6-7]

Lammas or Field Closes.
A part owner of any Lammas or Field Close who had sufficient other land and wished
to retain the Close as part of his entitlement was to apply in writing to the
Commissioners, who would award the Close to whoever had the greatest share in it.
[p.7] [Lammas Closes were grazed for the part of the year and those that had been
recently grazed would be well fertilised and therefore more valuable.]

Quality & location of land.
The commissioners, in awarding land, to have regard to the quality and quantity of
land awarded and its situation and contiguity to the dwelling houses of the several
owners. Any two or more owners each being entitled to three acres or less can have
their land shares allotted jointly as one parcel of land should they so wish. [p. 8]

Cottages on the waste.
There were several cottages or tenements standing upon the Waste or Common and
belonging to Leonard Fosbrooke, and several small parcels of ground adjoining
thereto and used by the tenants residing in the cottages. It is considered lawful for
Leonard Fosbrooke and his heirs to continue to hold these cottages or tenements and
pieces of ground belonging thereto and they should not be deemed as part of the lands
to be shared out. [p. 8-9]

New hedges, fences, and ditches for enclosing and dividing the said Open and
Common fields to be made within 18 months and maintained by the new owners.
Within eight years new owners may set post and rail fences on the outside of the
ditches bounding their respective allotments, these to be no more than two and a half
feet from such ditches, and [may?] remove them at any time before the end of the
said term. [p. 9]

Trees on the Commons and fields.
Leonard Fosbrooke is entitled, within the first 6 months after the award, to cut down
and take away all timber standing on the several Commons. The value of the timber
standing on others lands to be credited to the present owners of that land, and if they
are unhappy with the valuation they should be entitled to remove it within three
months. [p. 9-10]

Fallow land to be ploughed.
Arable land currently lying fallow to be ploughed twice by the current owners
between March and August, on pain of 10 shillings an acre for each ploughing
omitted. The commissioners to direct the course of husbandry to be used on the other
arable land in the Common or Open Fields prior to execution of the award. [p. 12-13]
Seagrave appendix 19, p. 4/4
The expenses.
All the expenses for acquiring the Act, making the survey and implementing the
award are to be borne by all the proprietors and owners except Richard Benskin.
Richard Benskin not to be at any expense in making the ring fences on the lands
allotted to him. The right of soil in public roads to be vested in Leonard Fosbrooke
and his heirs as lords of the manor of Seagrave, the removal of minerals, stone and
gravel excepted. [p. 13-14]

Rents, services and courts.
Leonard Fosbrooke and his heirs to continue to enjoy all rents, services and courts
perquisites and profits of courts, and all other royalties and privileges, incident to the
manor or lordship [p.16].

2238 acres to be enclosed.
The survey and measurement of the open fields, meadows and commons of Seagrave
and of all the lands and grounds within the lordship of Seagrave, made by William
Wyatt and William Ulstobb of Hoeton, Leics, gentlemen, surveyors, show the whole
of the fields and land to be enclosed appear to contain 2237 acres [p. 16]. This
amount excludes the ancient enclosures near the town of Seagrave and the roads [see
later].
[The 1851 census gives it as 2471 acres; Kelly’s 1881 directory gives it as 2470
acres; the difference of 232 acres represents the ancient enclosures within the ‘ring of
the town’, about 70 acres, the roads, about 90 acres, and about 100 acres of freehold
land south of Swan Street which always belonged to the lord of the manor and, not
being fragmented, was not touched by the Enclosure Act.]

Names of 31 landowners and 7 of the ancient landowners.
Certain of the parts of the Open fields, Meadows and Commons of Seagrave belong
to Richard Benskin as Rector and the rest of the lands within the open fields,
Meadows and Commons directed to be enclosed belong to and are the property of
Leonard Fosbrooke, Thomas Fisher, John Woodroffe, Sarah Addleton, William
Brownsword, Joseph Brownsword, William Brown, John Chamberlain of Lanfar,
Notts, John Chamberlain of Redhill, Notts., Anthony Draycott, Henry Gilbert, Francis
Goodacre, John Groom, John Grundy, Robert Harsley, John Hallam, James Hand,
William Hubbard, Thomas Johnson, John Kilby, feoffees for certain charities in
Loughborough, Thomas Lockwood, Michael Mason, William North, William
Stableford, Edward Smith, John Simpson, Ann Warner, Thomas Warner, and John
Wildbore; and whereas several of the proprietors herein before mentioned and
Elizabeth Burbage, John Hope, Henry Savage, Mary Preston, William Sharp, Richard
Simpson, and Robert Wright are the Owners and proprietors of the said ancient
Inclusures; now know all men by these presents that we [the commissioners] ..... have
completed the divisions and allotments of and in the said Open fields, Meadows and
Commons of Seagrave aforesaid, and all the lands and grounds within the said Open
fields (exclusive of all old Inclusures within the ring of the town of Seagrave
aforesaid and the public and private roads) containing 2237 acres, three roods and
twenty-nine perches, as appears by the said Survey and measurement. [p. 16]. [The
actual awards amounted to 2230 acres.]



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