BOLTON AND GOLDTHORPE:
The Little Houghton Town Book.
Source=h:/!Genuki/RecordTranscriptions/WRY/NNixon.txt
THE INCLOSURE AWARDS of 1761-67
for BOLTON upon DEARNE with GOLDTHORPE
Copied in pencil by Ronald Crossland in Barnsley
Library Local Studies
and transcribed to disc by Walter Norris, 1991.
Some numbers that are
written in pencil in the margin of the copy of the Inclosure Award,
refer to field numbers taken from the Tithe Book of 1839, which
is also in Local Studies. These numbers have been included in
the text and bracketed. Other field numbers have been added by
me, (where known) to make the fields easy to identify on the Tithe
Map.
W. Norris
Pages 1 to 8.
PAGE 1
To all Persons to whom these Presents shall come.
We, Godfrey Wentworth of Hickleton in the County of York, Esquire,
John Battie of Warmsworth in the said County, Esquire, William
Simpson of Stainforth in the said County, Esquire, Edward Forster
of Thorne in the said County, Esquire, George Walker of Middlewood
in the Parish of Darfield in the said County, Esquire, Henry Wilkinson
of Rotherham in the said County, Gentleman, and James Wright of
Thurnscoe in the said County, Gentleman, send greeting.
Whereas by an Act of Parliament
made in the thirty second year of the Reign of his Late Majesty
King George the second, Intitled an Act for dividing and enclosing
certain open and Common Fields, Meadows, Common Pastures and waste
Grounds in the Parish and township of Bolton upon Dearne in the
county of York.
RECITING that there were
several open and uninclosed arable Fields, Meadows, Commons, Common
Pastures and Waste Grounds, situate and being within the Parish
of Bolton upon Dearne in the County of York, commonly called or
known by the several names of the Ings Field, Carr Field, Low
Field, Bolton Ings, Goose Holm, the Carr Common Commons, otherwise
Common Plecks, Bull Plecks and Bolton Common containing together
by Estimation One Thousand Acres or thereabouts.
And also Reciting that William
Marsden, Gentleman, was Lord of the Manor of Bolton upon Dearne
with Goldthorpe. And was also owner or Proprietor of Part of the
Messuages, Cottages, Frontsteads, lands and Tenements within,
belonging to the said Parish or Township of Bolton upon Dearne,
parcel of the said Manor, and was owner of the Soil of the said
Common called Bolton Common, Holm and Carr Commons and Balks in
the fields, and the Highways of the said Township.
AND Elizabeth Garland was
Seized of the Rectory or Parsonage, impropriate of Bolton upon
Dearne with Goldthorpe aforesaid, and of the Tythes of Corn and
Grain, Wooll and Lambs, and all privy and other Tythes; Except
such Tythes as did, or were claimed to belong, to the said William
Marsden and Mary Bingley, an Infant Grand Daughter of Richard
Bingley, the lately deceased out of some part of said lands or
Tenements.
AND the said Elizabeth Garland
was also seized of the Advowson or Right of Presentation to the
vicarage of Bolton aforesaid, subject to the payment of a certain
yearly stipend or annual sum of six pounds, thirteen shillings
and four pence to the Curate of the Church or---
PAGE 2.
Chappel of Bolton upon Dearne
aforesaid, for the time being, and Robert Fisher, Clerk, was Curate
of the same Church or Chappel.
And also Reciting that Henry
Bingley, William Watson and William Tyas, and other freeholders,
were owners and Proprietors of the residue of the Messuages, Cottages
and Frontsteads, lands and Tenements, written or belonging to
the said Township of Bolton upon Dearne aforesaid.
AND the said William Marsden
and the said several freeholders, owners and proprietors, in respect
of such their said Messuages, Cottages, Frontsteads, Lands and
Tenements were Intitled, and did enjoy Common of Pasture for their
Cattle, in, over and upon the said Common called Bolton Common
at all times in the year, and in, over and upon other parts of
the said Lands and Grounds, only at some Determinate Times in
the Year, Exclusive of all persons whatsoever.
IT WAS thereby Enacted that
the said Godfrey Wentworth, John Battie, William Simpson, Edward
Forster, George Walker, Henry Wilkinson and James Wright and their
Successors to be elected in manner thereinafter mentioned, should
be, and they were thereby nominated and appointed Commissioners
for setting out, dividing, allotting and inclosing all the open
arable Fields, Meadows, Commons, Common Pastures and Waste Grounds
situate, lying, and being within or belonging to the said township
of Bolton upon Dearne aforesaid.
AND for the more certain
Division of the said Open Fields, commons, Meadows, Common Pastures
and Waste Grounds, IT WAS FURTHER ENACTED that a true and distinct
survey should be made of all the said Open Fields, Meadows, Common,
Common Pastures and Waste Grounds.
AND ALSO of all and singular,
the lands and Grounds then enclosed within the said Township,
before the first day of March, one thousand seven hundred and
sixty, or as soon after as conveniently might be, by the said
Commissioners, or any four or more of them, or by such persons
as they or any four or more of them should appoint.
AND such survey should be
reduced into writing, and the numbers of acres, roods and perches
belonging to each owner and proprietor, AND ALSO of the said Fields,
Common Pastures and Waste Grounds should be therein specified
and described, and such survey should be laid before the said
Commissioners and their successors, or any four or more of them,
at some, or one of their Meetings to be held in Persuance of the
said Act.
AND it was thereby further
Enacted, that the said several Commissioners and their Successors,
or any four or more of them, should and might, and they were Authorized
and required at any Time or Times after the said survey should
have been laid before them, and before the first day of November,
one thousand seven hundred and sixty, or as soon after as conveniently
might be, to divide, set out and allot the said open arable---
PAGE 3.
Fields, meadows, commons,
common pastures, and waste grounds therein before mentioned, unto
and among the several owners and said proprietors Intitled to,
and interested in the same, in manner therein, and hereinafter
mentioned.
That is to say, Ten acres
of land, Statute Measure, lying within, and being parcel of the
said Common called Bolton Common, so intended to be inclosed as
aforesaid, over and above, Exclusive of any other share or proportion,
which he, the said William Marsden or his Heirs, should by virtue
of the said Act, be Intitled to, for and in lieu of his said right
as Lord of the said Manor, to the soil of the said Common called
Bolton Common, Holm and Carr Commons, and Balks in the Fields,
and such or parts of the Highways of the said Township, as should
be taken into the said Inclosure, in such part or manner as the
said Commissioners or their Successors, or any four or more of
them, should seem proper, and unto each and every of the several
and respective owners and proprietors of Messuages, Cottages and
Frontsteads, having right of Common in Bolton Common as aforesaid,
in respect of each of such Messuages, Cottages and Frontsteads,
one acre and a half Statute Measure, parcel of the said Common
called Bolton Common, and in lieu of Compensation, of and for
all right of Common whatsoever, which they sett, respectively,
had or might claim, in, over and upon all the said open and arable
Fields, Meadows, Common and Common pastures or waste Grounds,
thereby intended to be Inclosed, in respect only of such Messuages,
Cottages and Frontsteads, having right of Common as aforesaid.
AND also should set out,
allot, assign and appoint, all the rest and residue of the said
open, arable Fields, Meadows, Commons, Common Pasture, and waste
Grounds, therein before mentioned, unto and amongst, all and every,
the owners and proprietors Intitled to and Interested in the same,
in proportion, and according to their several and respective Shares,
Interests, and other rights and properties, in and over, the said
Fields, Meadows, Commons, Common pastures and waste Grounds, or
any part or parts thereof.
SUBJECT NEVERTHELESS, to
the Rules, Orders and Directions, thereinafter contained and Authorised
to be Established, concerning the same.
AND it was therefore further
Enacted that nothing in the said Act contained, should Impower
the said Commissioners or any of them, to give any undue preference
to any of the parties Interested in the said Intended Division
in respect of their Shares or allotments, but, the said Commissioners
or their Successors, or any of them, in makeing such allotments,
should have due regard as well to the Quality, as the Quantity,
of the lands and Grounds so to be divided and allotted, and the
situation and Continuity of the same, to the---
PAGE 4.
Dwelling Houses of the several
parties to or for whom the same should be respectively assigned
and allotted.
AND ALSO to the Right of
Common and other property belonging to each person interested
in the said Division, and the Quality, as well as Quantity and
Continuity of the land to be allotted in lieu thereof, of the
Smallest owners having their allotments of Commons and waste Grounds
nearest to the Town of Bolton upon Dearne aforesaid.
AND for the better ascertaining
the Rights and claims of all the parties interested as aforesaid,
IT was by the said Act further Enacted, that in case any difference
or dispute should arise between any of the said parties interested
in the said Intended Division and Inclosure of any of them, touching
or connecting the respective shares, Rights and Interests which
they, or any of them, had or claim to have in the said Fields,
Commons, Common pastures or waste Grounds so intended to be inclosed
as aforesaid, or touching the respective Shares and proportions
which they or any of them ought to have of and in the said Intended
Division and Inclosure, it should and might be lawfull, to and
for the said Commissioners and their Successors, or any four or
more of them, and they were thereby required, by Examination of
Witnesses Upon Oath, the said Commissioners, or any four or more
of them, were thereby authorized and Impowered to administer and
upon other proper and sufficient Inquiry, Evidence and satisfaction,
to hear and finally determined the same.
AND it was thereby further
Enacted, that the said Commissioners and their Successors, or
any four or more of them, should and might set out and appoint,
such publick and private roads or ways, and also such Ditches,
Fences, Drains, Bridges, Gates and Styles as they should think
convenient, in, over and upon the Inclosures to be made by Virtue
of the said Act.
SO that all such Publick
Roads should be forty foot broad at the least between the Ditches
and Fences, and such public Roads should at all times for ever
thereafter, be repaired, and kept in repair, in such manner as
other public Highways were by Law, directed to be repaired.
AND that after the making
of the roads and ways so set out and appointed, it should not
be lawfull for any person or persons to use any other roads or
ways, either public or private, over or through the said new Inclosures,
on foot, or with Horses, Cattle or Carriages.
AND that all the former roads
and ways, which should not be set out and appointed as the Roads
and ways through the said intended Inclosure, should be deemed
part of the lands to be Inclosed, and should be divided and allotted
accordingly---
PAGE 5.
as part of such lands,
AND that all private ways,
Ditches, Fences, Drains, Bridges, Gates and Stiles so to be set
out and appointed as afforesaid, should be made and at all times
thereafter, to be repaired, cleansed, maintained and kept in repair,
by such person or persons, in such manner as the said Commissioners,
or any four or more of them, should by their award or Instrument
thereinafter mentioned, order, direct or appoint.
AND it was thereby further
Enacted, that In case any lands or Grounds upon which any Trees,
Underwoods, Thorns, Hedges, Bushes or Shrubs should at the Time
of such allotments be standing growing or being, should be allotted
and appointed to any Person or persons, other than such as were
the proprietor or proprietors thereof, at, and immediately before
such allotments, then and in such case, it should and might be
lawfull, to and for such owners and proprietors respectively,
at any seasonable times within the space of twelve Calender Months,
(pencilled note, Aug. 27), next after such allotments should be
made, to enter into the lands and Grounds upon which such Trees,
Underwoods, Thorns, Hedges, Bushes or Shrubs should be standing
and being, and to fell and cut down, and with Horses and Carriages,
to carry away the same, at his and their Wills and pleasure, to,
and for his and their own proper use and Benefit.
BUT it was thereby PROVIDED
NEVERTHELESS, that if such Hedges then standing upon the premises,
should be assigned or appointed by the said Commissioners, as,
and for a Boundary or Fence, for any of the new Inclosures so
intended to be made, as aforesaid, all such Hedges should be left
for the benefit of such person and persons to whom such Inclosures
should belong, by Virtue of the said Act. He, she and they, making
such allowances or satisfaction to the former owners and proprietors
of such Hedges, respectively, as the said Commissioners and their
Successors, or any four or more of them, should, by writing under
their Hand and Seals, in that Behalf, Order and appoint, as by
the said, in part recited, Act of Parliament, relation being thereunto
had, may more fully, and at large, appear.
AND whereas all the said
open Fields, Meadows, Commons, Common Pastures and waste Grounds,
AND also, all and singular, the lands and Grounds now inclosed
within the said Township, have been respectively only, measured
and surveyed, and such admeasurement and survey, has respectively
been reduced to wrighting, and the number of Acres, Roods and
Perches, Statute Measure, in the said open Fields, Meadows, Commons,
common pastures and waste Grounds---
PAGE 6.
respectively contained, have
been respectively set forth and declared in such admeasurement
and survey, and the same have been respectively laid before us,
according to the Directions in the said recited Act.
NOW KNOW YE that we the said
Godfrey Wentworth, John Battie, William Simpson, Edward Forester,
George Walker, Henry Wilkinson, and James Wright, haveing had
several meetings from time to time, according to, and in persuance
of the said Act of Parliament, for the Execution of the Powers
and Trusts vested and reposed in; and haveing several times viewed
the said several lands and grounds called the Ings Field, Carr
Field, Low Field, Bolton Ings, Goose Holm, the Carr Common Commons
otherwise Common Plecks, Bull Plecks and Bolton Common; and, haveing
well and duly considered the Nature, goodness and advantagious
situation of every part thereof, respectively; and haveing also
duly weighed and considered the said several and respective admeasurements
and surveys of the said respective lands and grounds, In the Ing
Field, Carr Field, Low Field, Bolton Ings, Goose Holme, the Carr
Common Commons otherwise Common Plecks, Bull Plecks and Bolton
Common; and each and every of the said proprietors rights, Shares,
Common Rights or Interests therein, respectively, which he, she
or they, formerly had or enjoyed, in the said several lands and
Grounds respectively; and the Quantities, Numbers of Acres and
Quality thereof and therein respectively.
AND having well and duly
considered the several Ditches, Fences, Drains, Bridges, Gates
and Styles; and all public and private roads or ways in the said
several lands and Grounds called the Ings Field, Low Field, Bolton
Ings, Goose Holme, the Carr Common Commons otherwise Common Plecks,
Bull Plecks and Bolton Common respectively; and what Alteration
and additions are requisite to be made therein respectively, as
well for the public Good, as private advantage, Interest and Convenience,
of each and every particular proprietor and person, interested
in the said several and respective lands and Grounds respectively.
AND having also duly weighed
and considered all and every the other matters and things referred
to our arbitration and Judgement, In and by the said recited Act
of Parliament, DO the day of the date of these Presents, in persuance,
and by Virtue of the several powers and Authorities, to US given
by the said Act of Parliament, and all and every other Power and
Authority to Us in any Wise given, belonging, appertaining, make
public, and declare this our Award, Order and Arbitrement and
Determination, touching and concerning all and singular, the premisses
in manner and form following.
PAGE 7.
That is to say First, WE,
the said Godfrey Wentworth, John Battie, William Simpson, Edward
Forster, George Walker, Henry Wilkinson, and James Wright, Commissioners,
by the said Act of Parliament, authorized and appointed by virtue
of the Powers and Authority, to, and in Us, and by the said Act
of Parliament, given, vested and reposed as aforesaid, do agree
and declare that all the said Common Fields, Meadows, Common Pastures
and waste Grounds, and inclosed land, within the Manor or Lordship
of Bolton upon Dearne aforesaid, haveing right of Common there,
do contain in Statute Measure, by and actual Survey, One thousand
Seven hundred and fourteen Acres, two roods and seventeen perches
in the Whole. (1,714a. 2r. 17p.)
AND we do award, allot and
assign unto the said William Marsden, to be held in Severalty,
by him, his Heirs and Assigns Ten Acres of land Statute Measure
(Lord of the Manor 10A.0.0.) lying within, and being parcel of
the said Commons called Bolton Common, for and in lieu of his
Right as Lord of the said Manor, to the soil of the said Common
called Bolton Common, common Plecks, Holm and carr commons and
Balks in the Fields,and such part or parts of the Highways of
the said Township as shall be inclosed by virtue of the said Act.
Which said Ten acres of land
adjoins upon the River Dearne, East; upon another allotment hereinafter
made to the same William Marsden, West; and abutts upon the Bywater,
North; and the said River Dearne, South.
WE do further allot and assign
unto the said William Marsden, to be held in severalty, by him
and his Heirs and assigns, Eight Acres, one rood and eighteen
perches of land, another parcel of the said common called Bolton
Common, adjoining upon the above mentioned allotment, East; upon
an allotment hereinafter made to Mary Bingley, Spinster, West;
the said Bywater, North; and the said River Dearne, South.
AND we do order and award
that the said William Marsden shall make, and forever maintain,
a good and sufficient Bridge unto his said last mentioned Allotment,
twelve foot broad and four feet wide in the span of the Arch.
AND also make and maintain
a drain from the said Bridge, unto the said Bywater, North, four
foot wide at the Top, and two foot wide at the Bottom, and three
foot deep.
AND also make and forever
maintain a good and sufficient Fence against the above mentioned
Allotment of the above named Mary Bingley, West.
WE do further allot, award
and assign unto the said William Marsden, to be held in Severalty,
by him, his Heirs and assigns, five acres and thirty six perches
of land, another parcel of the said Common called Bolton Common,
distinguished by the name of Goose Holm, adjoining upon an allotment
hereinafter made to William Watson, Gentleman, East; the said
River Dearne, West; the ancient Inclosure,---
PAGE 8.
North; and the said River
Dearne and the said Bywater, South.
AND we do order and award
that the said William Marsden shall make and forever maintain
a good and sufficient Fence against the allotment of the said
William Watson, East; and the said Bywater, South.
AND we do further allot,
award and assign Unto the said William Marsden, to be held in
severalty, by him his Heirs and assigns, four Acres and two Roods
of land, another parcel of the said Common called Bolton Common,
adjoining upon an allotment hereinafter made to Thomas Furnis,
East; and an allotment hereinafter made to William Tyas, and the
said Bywater West; and abuts upon the said Low Field, North; and
the said Bywater, South.
AND we do order and award
that the said William Marsden shall make and forever maintain
a good and sufficient Fence against the allotment of the said
William Tyas, West; and the said Bywater, West and South.
AND we do further allot,
award and assign unto the said William Marsden, to be held in
severalty, by him his Heirs and assigns, Seven acres, three Roods
and twenty three perches of land, another parcel of the said Common
called Bolton Common, adjoining upon Rotherham road, and an allotment
herein after made to John Tyas, East; the said River Dearne, West
and South; and to two allotments hereinafter made to the said
John Tyas and Robert Fisher, Vicar of Bolton upon Dearne aforesaid,
and the said Bywater, North.
AND we do order and award
that the said William Marsden shall make and forever maintain
a good and sufficient Fence against the said Rotherham road, and
the allotment of the said John Tyas, East; and the allotments
of the said John Tyas, and the said Robert Fisher, North.
AND we do further allot,
award and assign Unto the said William Marsden, to be held in
severalty, by him, his Heirs and assigns, Six Acres and twenty
seven perches of land, another parcel of the said Common called
Bolton Common, adjoining upon the Township of Adwicke upon Dearne,
East, West and South; and the said River Dearne, North.
AND we do order and award
that the said William Marsden shall make and forever maintain
a good and sufficient Fence at Adwicke Hundle Gate.
AND we do further allot,
award and assign unto the said William Marsden, to be held in
severalty, by him, his Heirs and assigns, two Acres, three roods
and twenty Two perches of land, parcel of the said stinted Common
called the Carr Common, adjoining on an allotment hereinafter
made to the said Mary Bingley, and agreed to be given to her by
the said William Marsden, in lieu of land, in full Compensation
and Satisfaction for a road she has hithertoo claimed a right
to Use, over certain ancient Inclosures belonging to the said
William Marsden, called Rough or Summer Closes, East; and an---
s barnes stables orchards [5] gardens Tofts Crofts lands Tenem(en)ts
Transcription by Walt Norris, ©1991.
reproduced here with the permission of
Barnsley MBC: Archives and Local Studies Department
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