Editing Enclosure (section)

==Parliamentary inclosure acts==
{{Further|Inclosure act|British Agricultural Revolution}}
<!-- Note to editors: "Inclosure" (with an I) is not a typo, it is the spelling used the time. -->

Historically, the initiative to enclose land came either from a landowner hoping to maximise rental from their estate, or a tenant farmer wanting to improve their farm.{{sfn|UK Parliament|2021}} Before the 17th century enclosures were generally by informal agreement.{{sfn|Friar|2004|pages=144–146}} When they first introduced enclosure by act of Parliament the informal method continued too. The first enclosure by act of Parliament was in 1604 (the [[Melcombe Regis and Radipole, Dorset (Church) Act 1603]] ([[1 Jas. 1]]. c. 30)) and was for [[Radipole]], [[Dorset]]. This was followed by many more acts of Parliament and by the 1750s the parliamentary system became the more usual method.{{sfn|Friar|2004|pages=144–146}}

The [[Inclosure Act 1773]] ([[13 Geo. 3]]. c. 81) created a law that enabled "enclosure" of land, at the same time removing the right of [[Common land|commoners]]' access. Although there was usually compensation, it was often in the form of a smaller and poorer quality plot of land.{{sfn|National Archive|2021}}{{sfn|Friar|2004|pages=144–146}} Between 1604 and 1914 there were more than 5,200 inclosure bills which amounted to {{convert|6800000|acres}} of land that equated to approximately one fifth of the total area of England.{{sfn|UK Parliament|2021}}

Parliamentary inclosure was also used for the division and privatisation of common "wastes" such as [[fen]]s, [[marshes]], [[heathland]], [[downland]] and [[moorland|moors]].{{sfn|McCloskey|1975|p=146}}

===Commissioners of inclosure===
The statutory process included the appointment of commissioners.{{sfn|Friar|2004|pages=144–146}} The process of enclosure was weighted in favour of the [[tithe]] owner who had the right to appoint one inclosure commissioner for their parish. Tithe-owners (usually the Anglican clergy) could voluntarily commutate tithe payments to a rental charge, this would have the effect of reducing their income, so many refused to allow it. However the [[Tithe Act 1836]] ([[6 & 7 Will. 4]]. c. 71) made it compulsory for [[Tithe commutation|tithe payments to be commutated to a rent charge]] instead.{{sfn|Lee|2006|pages=75–78}}

{{Infobox UK legislation
| short_title           = Inclosure Act 1845
| type                  = Act
| parliament            = Parliament of the United Kingdom
| long_title            = An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the Division of intermixed Lands; to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of general and local Inclosure Acts; and to provide for the Revival of such Powers in certain cases.
| year                  = 1845
| citation              = [[8 & 9 Vict.]] c. 118
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 8 August 1845
| commencement          = 
| expiry_date           = 
| repeal_date           = 
| amends                = 
| replaces              = 
| amendments            = [[Statute Law Revision Act 1875]]
| repealing_legislation = 
| related_legislation   = 
| status                = Amended
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = https://www.legislation.gov.uk/ukpga/Vict/8-9/118/contents/enacted
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = Inclosure Act 1845
| collapsed             = yes
}}
After the '''{{visible anchor|Inclosure Act 1845}}''' ([[8 & 9 Vict.]] c. 118) permanent Inclosure Commissioners were appointed who could approve enclosures without having to submit to Parliament.{{sfn|The National Archives|2021}}

The Rev. William Homer was a commissioner and he provided a job description in 1766:

{{blockquote|A Commissioner is appointed by Act of Parliament for dividing and allotting common fields and is directed to do it according to the respective interests of proprietors ... without undue preference to any, but paying regard to situation, quality and convenience. The method of ascertainment is left to the major part of the Commission ... and this without any fetter or check upon them beside their own honour confidence (and late indeed) awed by the solemnity of an oath. This is perhaps one of the greatest trusts ever reposed in one set of men; and merits all the return of caution attention and integrity which can result from an honest impartial and ingenuous mind.<br/><small>''(From William Homer, An Essay on the Nature and Method [of] the Inclosure of Common Fields. 1766)''</small>|source={{harvnb|Beresford|1946|pages=130–140}}}}

After 1899, the Board of Agriculture, which later became the [[Ministry of Agriculture, Fisheries and Food (United Kingdom)|Ministry of Agriculture and Fisheries]], inherited the powers of the Inclosure Commissioners.{{sfn|The National Archives|2021}}

One of the objectives of enclosure was to improve local roads. Commissioners were given authorisation to replace old roads and country lanes with new roads that were wider and straighter than those they replaced.{{sfn|Mingay|2014|p=48}}

===Enclosure roads===
The road system of England had been problematic for some time. An 1852 government report described the condition of a road between Surrey and Sussex as ''"very ruinous and almost impassable."''{{sfn|Secretary of State|1852|page=4}} In 1749 [[Horace Walpole]] wrote to a friend complaining that if he desired good roads ''"never to go into Sussex"'' and another writer said that the ''"Sussex road is an almost insuperable evil"''.{{sfn|Jackman|1916|page=295}} The problem was that country lanes were worn out and this had been compounded by the movement of cattle.{{sfn|Mingay|2014|pages=48–49}} Thus the commissioners were given powers to build wide straight roads that would allow for the passage of cattle. The completed new roads would be subject to inspection by the local justices, to make sure they were of a suitable standard.{{sfn|Mingay|2014|pages=48–49}} In the late eighteenth century the width of the enclosure roads was at least {{convert|60|feet|0}}, but from the 1790s this was decreased to {{convert|40|feet|0}}, and later 30 feet as the normal maximum width. Straight roads of early origin, if not Roman were probably enclosure roads. They were established in the period between 1750 and 1850.{{sfn|Friar|2004|p=146}}{{sfn|Whyte|2003|p=63}} The building of the new roads, especially when linked up with new roads in neighbouring parishs and ultimately the [[Turnpike trusts|turnpike]]s, was a permanent improvement to the road system of the country.{{sfn|Mingay|2014|pages=48–49}} 
{{multiple image|total_width=780
|align=center
|image1=Decaying hedge - geograph.org.uk - 1715089.jpg
|caption1=Decaying hedges mark the lines of the straight field boundaries created by the 1768 act of Parliament{{efn|Bowes (Yorkshire) Inclosure Act 1766 [[List of acts of the Parliament of Great Britain from 1766#Private acts|(6 Geo. 3. c. 70)]]}} for the enclosure of Boldron Moor, [[North Riding]], Yorkshire.{{efn|Boldron was in [[Startforth Rural District]]. The District was abolished and became, for administrative purposes, part of [[County Durham]] after the [[Local Government Act 1972]].{{sfn|Black|2004|page=198}}}}
|image2=Scafell massif enclosures.jpg
|caption2=View of the [[Scafell]] massif from [[Yewbarrow]], Wasdale, Cumbria. In the valley are older enclosures and higher up on the fell-side are the parliamentary enclosures following straight lines regardless of terrain.
|image3=Enclosure Road, Lazonby.jpg
|caption3=A parliamentary enclosure road near [[Lazonby]] in Cumbria. The roads were made as straight as possible, and the boundaries much wider than a cart width to reduce the ground damage of driving sheep and cattle.
}}