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Subject Guide 1 – Records Relating to Inclosure

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Durham County Record Office County Hall Durham DH1 5UL Telephone: 03000 267619 Email: [email protected] Website: www.durhamrecordoffice.org.uk Subject Guide 1 – Records Relating to Inclosure Issue no. 19 July 2020 Contents Introduction 1 Organisation of List 2 Alphabetical List of Townships 2 A 2 B 2 C 3 D 4 E 4 F 4 G 4 H 5 I 5 K 5 L 5 M 6 N 6 O 6 R 6 S 7 T 7 U 8 W 8 Introduction Inclosure (occasionally spelled “enclosure”) refers to a reorganisation of scattered land holdings by mutual agreement of the owners. Much inclosure of Common Land, Open Fields and Moor Land (or Waste), formerly farmed collectively by the residents on behalf of the Lord of the Manor, had taken place by the 18th century, but the uplands of County Durham remained largely unenclosed. Inclosures, to consolidate land-holdings, divide the land (into Allotments) and fence it off from other usage, could be made under a Private Act of Parliament or by general agreement of the landowners concerned. In the latter case the Agreement would be Enrolled as a Decree at the Court of Chancery in Durham and/or lodged with the Clerk of the Peace, the senior government officer in the County, so may be preserved in Quarter Sessions records. In the case of Parliamentary Enclosure a Local Bill would be put before Parliament which would pass it into law as an Inclosure Act. The Acts appointed Commissioners to survey the area concerned and determine its distribution as a published Inclosure Award. The Plans and awards are probably the most useful archives of this process. Each party to an Inclosure would have copies of the Act and the Award (or an Extract from it), and many of these have survived in collections here. Most other surviving records document legal disputes arising from an inclosure award. Some Private Inclosures may have left no documentary evidence. From the 1830s various general Acts were promoted to make the process less complicated and less expensive; these include the 1845 Act to facilitate the Inclosure and Improvement of Commons. In many such cases a Decree confirming the award was made, after the event, by the Chancery Court at Durham. For these, and for information on other inclosures in County Durham for which we hold no information, see Durham University Library Archives and Special collections (referenced as ASC below) or The National Archives (TNA). HANDLISTS:SubjectGuide01InclosureRecords.docx/14-Jul-20/1:54 PM page 1 As well as containing a wealth of historical detail, about both people and places, inclosure records are useful today as legal documents, for instance in establishing rights of way. See also library pamphlet D2/9 “A hand list of English Enclosure Acts and Awards” and http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/enclosure-awards Organisation of List This guide lists Inclosures in County Durham alphabetically by the name of the Act, which is usually the name of the parish or township concerned. Two dates are normally given below the name: the first of these is the date of the Act (an asterisk indicates an inclosure made under a general Act and the date is that of the order thereunder); the second the date of the award. A dash in place of the first date indicates an inclosure arranged by private agreement of the landowners. For each Inclosure event a list is given of material held at DCRO, whether a Bill, Act, Enrolment, Award, Plan, or other papers. This list may not be comprehensive. To search for further inclosure records in our online catalogue database (www.durhamrecordoffice.org.uk/article/10527/Search-the-Catalogue) please use the “all of these words” box and search for each of the words “inclose”, “incloses” “inclosure”, “inclosures” and “inclosing” together with the name of the place or its township or parish. We also hold a set of Local Acts from 1798 onwards which should include all Inclosure Acts after that year. Alphabetical List of Townships Place name Record type and Catalogue Reference Act or Order*/Award Year A Auckland St. Andrew Act D/CG 32/40 1804/? Aycliffe ASC B Barmoor see Ryton Barnard Castle Misc. papers (1667-1799) D/Bo/C 548-592 Barnard Castle Moor Act D/HH 2/14/141, D/HH 2/14/134 1795/1799 Award and plans D/St/E 1/28/49-50, UD/BC 122-127, D/HH 2/14/154, 2/9/14 Other D/Bo/C 584-92, D/St/E 1/28/23-48 Barnard Castle Townfields Act D/HH 2/14/139 1783/1785 Award and plan D/Bo/C 607, UD/BC 121, D/HH 2/2/69 Other D/Bo/C 593-608, D/St/E 1/28/19-22, EP/BC 2/1 D/X 234/1 Barningham Cow Close Act D/CG 32/40 1803/1807 Award and plan EP/Ba 14/1 Other EP/Ba 2/16-27 Beamish (South Moor) Award and plan Q/D/E 1 1803/1810 Extract D/CG 16/1254 Enrolment Q/D/B 5 Miscellaneous D/St/E 5/22/25-26 Bedburn (South) 1759 ASC Bedburn (North) Copy plan, D/X 452/3 1773/1775 Billingham ASC Billy Row see Crook and Billy Row Bishop Middleham Notes on award D/X 1022/213 1693/? HANDLISTS:SubjectGuide01InclosureRecords.docx/14-Jul-20/1:54 PM page 2 Birtley Fell Plan (1845) D/CG 2/220 ? Blackwell TNA Bolam Enrolment Q/D/B 5 1782/1786 Boldon Fell Enrolment and plan Q/D/B 7 1836*/1859 Award and Map EP/Bo 304, D/CG 8/115-119 East Boldon Correspondence (1778-1861) D/CG 8/101-114,120-121 Bowes and Boldron Act D/MOB 4/2, D/X 671/1 1766/1768, 1772 & 1859 Bill, Act, Plan, etc. D/HH 2/14/1-14 & 6/13/4-41, 6/11/63, 6/12/104, 6/14/41 Legal papers D/MOB 4/16-35, D/MOB 4/1 Award and plans D/MOB 4/3-15, D/HH 2/14/137 & 2/5/45 Boldron Agreement D/HH 2/14/137 -/1836 Brancepeth and Stockley Award, plans etc. D/Br/E 103, D/Br/P 152, Q/D/E 4-5 1758/1758 Other D/Br/E 100-107 Brancepeth see also Ivesley Moor and Thornley Moor Brasside see Durham, Framwellgate Byers Green and Old Park Act D/CG 32/40 1805/1809 Award and plan Q/D/E 6-7 Draft Plan D/Bo/G 1(iii) Enrolment Q/D/B 5 Bywell and Ovingham (Northumberland) D/St/E 10/18-21 C Carlton TNA Chester-le-Street Townfields Opposition (1637) D/Ph 1/6 Chester Act D/HH 2/14/133, D/CG 32/3-4,40 and D/HH 2/14/133 1794/? (NB Mentions Chester Moor, Plawsworth, Edmondsley, Pelton, etc.) Cleadon Award D/No 1 -/1676 Cleatlam Copy of enrolment D/Ph 1/3 -/1635 Miscellaneous D/St/E 1/28/1-3 Cockerton TNA Cockfield Fell Award and plan Q/D/E 8 and D/HH 2/14/143 1845 and 1863*/1868 Other D/HH 2/14/138,147-152 Cornforth TNA Cornsay Common (Hedley Edge) Agreement D/Br/E 109-112 and D/X 923/9 -/1842 Cotherstone Award D/St/E3/19/143-144, D/HH 2/14/62-63 1866*/1867 Miscellaneous D/HH 2/14/15-61 & 4/1/99-102, D/St/E 3/19/141-142 Crawcrook Townfields Act D/CG 32/5 1794/1800 Award and plan Q/D/E 9, NCB01/SC 738, D/St/E 8/50 Enrolment Q/D/B 5 Coal ownership & pre-inclosure allotments NCB01/SC 734-737,743-782 Crook and Billy Row Act D/Br/E 126, D/BR/D 622 1764/1769 Copy of award NCB/1/X 244 Other D/Br/E 126 HANDLISTS:SubjectGuide01InclosureRecords.docx/14-Jul-20/1:54 PM page 3 D Darlington Grange Close ASC Dinsdale TNA Durham, Crossgate Moor 1769 ASC Durham, Elvet Moor Extract from award EP/Du.SO 2 1771/1773 Durham, Framwellgate Bill D/St/E 8/14 and Witton Gilbert Act DC/G 32/40 1801/1809 Extract from award D/Lo/P 84, D/Br/P 153 Draft plan (Charlaw) D/Bo.G 15(i) Other (inc. Opposition) (1759-1800) D/X 487/1/47, Du 1/29/1-10, D/Bo/G 57, D/SJ 2298, D/X 1207/1/479,483, etc. (NB Mentions Charlaw Moor, Intack (Framwellgate Moor), Shaw Wood (Flass Vale) and Brasside Moor) Durham, Gilesgate Moor Act D/Lo Acc. 1738(D) Box 21/5, D/X 621/2 1816/? E Easington & Little Thorpe 1656 ASC East Boldon see Boldon Edmundbyers see Ruffside Egglescliffe TNA Eggleston Bill D/St/E 8/15 1785/1817 Act D/HH 2/14/140, EP/MT 14/5 Award and plan Q/D/E 10, D/HH 2/14/154 Enrolment Q/D/B 7 Elvet Moor see Durham, Elvet Moor Etherley and Escomb Copy of Etherley plan EP/Eth 56 1760s Evenwood (Railey Fell, Act D/HH 2/14/130-131, D/St/E 1/28/5 Ramshaw) Copy award D/St/E 1/28/8 1762/1765 Miscellaneous papers D/St/E 1/28/5-7 & 9 Plan D/St/P 2/1/12 F Framwellgate see Durham, Framwellgate G Gateshead Townfields Act D/CG 32/40 1814/1818 Award and plan Q/D/E 11 Enrolment Q/D/B 7 Gateshead Fell Act D/CG 32/40 1809/1822 Award and plan Q/D/E 12 Enrolment Q/D/B 7 Gilesgate Moor see Durham, Gilesgate Moor Gilmonby Agreement D/HH 3/4/193 1802*/1804 Award D/HH 2/14/63 Plan D/Bo/F 103, D/HH 2/14/96 Other D/HH 2/14/67-103, D/X 849/21 Great Lumley TNA Greatham Town Fields Copy of enrolment D/Ph 1/9 -/1650 HANDLISTS:SubjectGuide01InclosureRecords.docx/14-Jul-20/1:54 PM page 4 Greatham Marsh Enrolment Q/D/B 5 -/1807 Award and plan D/X 1096/1 Greencroft TNA H Hamsteels Extract from award NCB01/D 93 1772/1774 Other (Act and map) EP/Esh 25 & 38, D/Bo/G 27(xxv) Hamsterley Act D/St/E 8/17 1757/1760 Extract of Award D/HH 2/14/136 Other D/X 752/31 Haughton le Skerne TNA Heighington Plan D/XP 161/1/3 1792 Helmington Row see Willington Herrington Legal papers D/Ph 1/7 -/1638 Hett see Sunderland Bridge Heworth (Upper and Nether) Act and Plan D/CG 32/2 1766/? Hollin Hall (Gainford) ASC Holwick see Lune,Holwick and Romaldkirk Hunderthwaite Award D/X 741/70 c.1836/? Partial Plan D/HH 5/2/262 Misc.
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  • 'Common Rights' - What Are They?

    'Common Rights' - What Are They?

    'Common Rights' - What are they? An investigation into rights of passage and rights of land use (or rights of common) Alan Shelley PG Dissertation in Landscape Architecture Cheltenham & Gloucester College of Higher Education April2000 Abstract There is a level of confusion relating to the expression 'common' when describing 'common rights'. What is 'common'? Common is a word which describes sharing or 'that affecting all alike'. Our 'common humanity' may be a term used to describe people in general. When we refer to something 'common' we are often saying, or implying, it is 'ordinary' or as normal. Mankind, in its earliest civilisation formed societies, usually of a family tribe, that expanded. Society is principled on community. What are 'rights'? Rights are generally agreed practices. Most often they are considered ethically, to be moral, just, correct and true. They may even be perceived, in some cases, to include duty. The evolution of mankind and society has its origins in the land. Generally speaking common rights have come from land-lore (the use of land). Conflicts have evolved between customs and the statutory rights of common people (the people of the commons). This has been influenced by Church (Canonical) law, from Roman formation, statutory enclosures of land and the corporation of local government. Privilege, has allowed 'freemen', by various customs, certain advantages over the general populace, or 'common people'. Unfortunately, the term no longer describes a relationship of such people with the land, but to their nationhood. Contents Page Common Rights - What are they?................................................................................ 1 Rights of Common ...................................................................................................... 4 Woods and wood pasture ............................................................................................