constant employment, where moral conduct was regarded, and where there was a strict attention to the rights of others. It had been proved before the Committee, that the class of persons living on the borders of these large unenclosed tracts of country were of the most irregular habits. Any one who lived on the borders of an unenclosed tract of country, of a forest, as he did, in Hampshire, must be well aware that the habits of the labouring classes in such districts were very different in their character and conduct from those of the agricultural labourers in other parts of the country, where they depended on the regular employment of their labour. There was another point connected with this subject, namely, the conflicting rights over unenclosed lands, which prevented all enclosure taking place. In many places one man was entitled to the pasturage, and another to the wood; and it was most difficult.to bring about an agreement to enclose under such circumstances. The Bill would free lands from such evils. In some cases an individual had the right to pasture his sheep on a common from April to October; and certainly this was a great bar to the improvement of the

variety of buildings which would be con- these means, engrossed to himself the adsequent upon the enclosures, that there vantages of the common. Nothing could would be a permanent additional employ-be better to the labouring classes than ment to the agricultural labouring classes, to the extent of one labourer and his family finding employment, for every fifty acres of land; so that under the operation of this Bill, employment would be afforded to 200,000 families of agricultural labourers. It had been stated very recently, in the course of a debate in that House, that the condition of the labourer did not so much depend on the nature of his employment on the land, as on the wages which he received; and therefore this Bill, by increasing the amount of employment for the agricultural labourers, would increase their wages, and thus prove an important boon to the labouring classes. His hon. Friend said, that the labouring classes would be deprived of the commons and waste lands, which afforded them places for air and exercise. From such language, it might be supposed that the operation of this Bill would apply to such places as Clapham-common, and Turnham-green, and similar open spaces which were surrounded with buildings. Nothing, however, was more unlike reality; for by one of the clauses of the Bill, it was provided that all open spaces, within a certain number of miles from a town, containing also a certain number of inha-land. The present measure would afford bitants, should be excluded from the more ample means for promoting enclosure operation of the Bill. For instance, the than now existed; and these conflicting distance from London was to be ten miles, rights would be extinguished by compenand a proportionate distance according to sation, which now so seriously interfered the population of a place. Thus, then, with improvements. He saw with great no land would be inclosed within a speci-satisfaction the introduction of this meafied distance of a town, and in no case sure, and thought that it should be called would the village green be enclosed. But a Bill for the improvement of the conwhat was the sort of air and exercise dition of the agricultural labouring classes, which was got upon these large open as it would tend materially to the increase spaces? It should be remembered that of their wages; he, therefore, should give the land which came under the operation it his cordial support. of this Bill did not comprise village greens, The Earl of Lincoln would not detain commons in the vicinity of towns, but vast the House for more than a few minutes, spaces of unenclosed land. And what from coming to a division; but having was the character of the poorer or taken upon himself to conduct this Bili, labouring classes in the vicinity of those with the concurrence of his noble Friend, large tracts of unenclosed land? They he thought that the House might expect were employed by the richer classes in him to refer to some of the objections which the neighbourhood of those places, and had been raised against it; but, after what who possessed the right of pasturage, had fallen from the noble Lord who had to hunt with wild dogs the oxen and sheep just sat down, he felt that he should have of other claimants of commonage; and very little to say. Two reasons had been it generally therefore happened that by ex-stated why they should not proceed with pending money on such a description of this Bill into Committee that evening. employment, that the richer farmer, by The hon. Member for Montrose said that

he objected to the principle of the Bill. | cussions of this subject during the last two If that was the case, the hon. Member Sessions. He proposed that in all cases must object to the enclosure of land alto- where land was subject to indefinite comgether, and, therefore, to be consistent, he mon rights, that they should not be ennot only must oppose this Bill, but he closed without the previous and special should also have opposed the numerous direction of Parliament. In such cases, Private Enclosure Bills which passed also, where the parties could not appear through that House every Session. There without material expense, that they should was nothing more objectionable in this be able to come before the House, not as than there was to be met with in every formerly, when they appeared in opposiparish Enclosure Bill which passed that tion to a Private Enclosure Bill, but that House almost without notice. By the use the Commissioners appointed under the of such language as had been resorted to Bill should make a Report on every such with respect to this Bill, they would be case to the House, and that it should very apt to mislead popular feeling out of then be proceeded with by the House or doors on this subject, and more especially not, as the House might decide. He also by calling it by such a name as a land- proposed that all Bills for such enclosures lords' bill. He would remind the hon. should be regarded as Public Bills, and Member that this Bill provided in the taken at the time of public business, and most satisfactory manner for the mainte- not, as now, as Private Bills, which were nance of every right which now existed, passed in such a manner that hardly any or compensation in place of it. The noble of the Members knew what they were Viscount had so completely refuted the passing. By this means every opportunity speech of the hon. Member as to the would be afforded to parties to vindicate commons' lands belonging to the poorer their rights, as the printed Bills would be classes, that he did not feel it necessary in the hands of Members, and they would to trouble the House at greater length on be enabled to hold ready communithe point. The hon. Member for Roch- cation with the parties interested; and if, dale had stated that the rights of the poor in any case, it should be found that the would be infringed on by this Bill. This Commissioners had been guilty of the was a misapprehension on the part of the blunder of infringing on the rights of hon. Member. Certainly it might be so parties, any hon. Member could move in the case of a Private ill before the that provision be made accordingly. For House for the purpose of an enclosure. In his own part, he believed that no greater such case the matter was decided upon security could be afforded for the protecbefore a Committee of that House, and it tion of rights, than were provided for under was notorious that this was an expensive this Bill. The hon. Member for Rochtribunal; and, although it might be dale said, that the Bill would take rights anxious to do its duty to the poor, yet as of certain lands from the poor which their they had not the means of coming before ancestors had held for several generations, it, the rights of the poor might unintention- and which their successors hereafter would ally be infringed on. Now, what was the be entitled to that under this Bill their course proposed in that Bill? That the rights righ s, which had existed from generation of the poor should be decided on by to generation, could be alienated. He adparties quite independent of local interests, mitted that this was the case; but it was and who would be sent down to examine also the case now that parties in the posinto the subject, and to investigate the session of the right of commonage could relative claims of the various parties. alienate all their property in it without Since, however, he had introduced this reference to those who might come after Bill, he had made a very important ad-them. He, therefore, conceived that the dition to it for the defence of the rights of the poorer claimants; and this he had chiefly been induced to do in consequence of the debates which had taken place in the House on the subject during the last two years. He had made this change, he peated, in order to provide additional security, and to get rid of the objections which had continually been made on dis

objection of the hon. Member on this
point amounted to nothing. In 1829, Mr.
Whittle Harvey brought under the notice
of Parliament, the utter insecurity of rights
which existed under the system of private
Enclosure Bills; and many of the evils
which were then pointed out would be
prevented under this Bill.
Member for Rochdale alluded to allot-

The hon.

The House divided on the Question, that the words proposed to be left out should stand part of the Question :-Ayes 121; Noes 11: Majority 110.

House in Committee.

On the 1st Clause (relating to the ap pointment of Commissioners),

ments of land which were intended for | land so enclosed, and the amount was the recreations of the people; and he com- to be paid to the Consolidated Fund. plained that they did not preserve land The whole amount, therefore, would be for such recreations of towns with less repaid, with the exception of a very than 10,000 inhabitants. But, if the hon. small sum. The result of the whole Member would look into the 13th Clause measure would be, that there would be of this Bill, he would find that the provi- an immense reduction in the expense of sion respecting no enclosure taking place an enclosure. He believed, that under near places with 10,000 inhabitants, bore the proposed system, they would not be a different sense to that which the hon. above one-tenth or one-twelfth of the Member attached to it. It was proposed present amount. The evidence annexed to enact that within a certain distance of to the Report of the Committee showed towns with 10,000 inhabitants and up that the expense attending enclosures wards, no enclosure should take place under the present system was so great, without special provision being made for that it often prevented extensive encloeach particular case, and the following sures being undertaken. He would not clause enacted that no town green or vil- then enter into an answer to the objeclage green should be enclosed, but that tions raised by his noble Friend to some provision should be made for preserving of the details of the Bill, but would pos the surface and fixing their boundaries. pone them until they went into CommitThe hon. Member stated that no sub-tee, where they would regularly come stantial benefit had been given to the po- under consideration. pulation of the country by enclosures; and went into calculations respecting the number of enclosures during the last three centuries, with the intention of showing that no improvement had taken place in the condition of the agricultural labourers during that period, and that there had been no additional amount of employment Mr. C. Buller said, that he intended to in consequence of them. The hon. Mem. move an Amendment to the 1st Clause, ber might as well contend that there was although he did not object to the princino greater amount of agricultural la- ple of the Bill. There was, however, a bourers employed in the present day than matter involved in the 1st Clause, which in the time of the Druids, when the whole appeared to him to be so objectionable country was unenclosed. Several hon. that, if persisted in, it would almost inMembers, in the course of the discussion, duce him to oppose the Bill. His opinion had alluded to the great expense that had always been that the greatest faciwould attend the appointment of this lities should be given for the enclosure Commission; and stated that, inasmuch as of the common land of the country, after the measure would be solely for the be- the maintenance of any right or compennefit of the owners of the soil, that the sation in lieu of it; and he believed, that expense of it should not be paid by the no class of persons were so much inState. He did not believe that the bene- terested in carrying out a sound system fits to be derived from this measure would of enclosure as the poorer classes. be confined to the owners of the soil, but should now endeavour to induce the that it would prove to be a national bene- House to adopt alterations in the mafit. In the first place, the salaries were chinery of the Bill, which, if he succeeded to paid out of the Consolidated Fund. It in doing, his main objections to the Bill should be recollected that of the three would be removed. The Bill of his hon. Commissioners, two were unpaid, and one Friend the Member for Lincolnshire prowas paid; and in addition to this, there posed that the inquiries respecting enclowould be a charge for Assistant Commissures should be referred to a Board of sioners, a Secretary, and a few Clerks. If the hon. Member would refer to the 125th Clause, he would find that the expense of the Assistant Commissioners, and other persons employed on any enclosure, was made chargeable to the

He

Comissioners now existing, and which was conversant with questions connected with the land of this country, and was wholly unconnected with politics. He thought, that the great objection to this Bill was, that such great powers under it

should be placed in the hands of a Go- | kind of grave and judicial characters which vernment Board, forming a part of the should be appointed Commissioners under Administration of the day. He entera measure of this kind. The change of tained no jealousy of the abuse of the the Minister of the day applied also to all powers by the noble Lord at the head of the appointments, and thus the change of the Woods and Forests; for he believed the head of the department depended on that such powers would be as secure in the fluctuations of the politics of the day. his hands as in those of any person that There was another objection to such a could be named. He objected, however, board, namely, that the chief Commisto the principle, and should object as sioner of Woods and Forests, who was to strongly if the powers were to be entrusted administer the powers under this Bill, was to political friends of his own. Now, what the administrator of the landed property of were the powers involved in this Bill? the Crown. This was most objectionable, Powers were to be entrusted to the Com- for he was interested as a party in the missioners by which the whole of the questions that would come before the landed property of the country would be Board. It was necessary, under the proaffected. The Commissioners were to visions of the Bill, that lords of manors determine whether or not commons or should have a proportionate interest in the waste lands should be enclosed or not. enclosure of each manor. Now, how many Under such circumstances, it was obvious manors were held by the Crown in Engthat they would have great power over the land and Wales?-Not less than 579. He landed property of the country, and also did not know the extent of those manors over a large mass of the people not holders in acres, but it must be obvious that 579 of landed property. Was it constitutional manors contained a considerable proporthat such power should be placed in the tion of the landed property of the counhands of the Minister of the day, who was try. He thought that a grave objection. obliged to depend for the tenure of his He had never heard any valid reason for office on the votes of a majority of that altering the machinery proposed by the House? No doubt, in a question which noble Lord the Member for Lincolnshire. involved the general interests of the peo- The Tithe Commissioners, in the prosecu ple of this country, public attention would tion of their duties, had to make the fullest be called to the matter, and the infliction inquiries into the nature and value of land of injustice might be prevented; but in a throughout the kingdom; and he thought question affecting individuals, he believed that with such a body as that in operation, that every one would say that the decision it was most consistent with common should not be referred to a board depen- sense to entrust to them duties of a nadent on party, nor on the votes of a majo- ture altogether analogous with their own, rity of that House. By the alterations instead of appointing a new board for which had been made in the Bill of his the purpose. The Bill itself incidennoble Friend, the whole power of effecting tally acknowledged the competency for enclosures was placed in the hands of the the purpose of the Tithe Commission, one Woods and Forests. It appeared by the clause distinctly directing that for partipresent Bill that three Commissioners were cular classes of minute local information, to be appointed; but that the Chief Com-recourse should be had to that Commismissioner of Woods and Forests was al- sion; why not have recourse to it altoways to be one. It appeared also, that gether? It was a body free from objectwo of the Commissioners were to have notions on the score of political or party pay, and he doubted whether they would bias; it was not removable on a change be able to get any but a Member of the of Government, and it had ample expeExecutive Government to act as the se- rience and information on the subject, all cond Commissioner, without delay. The which were features peculiarly adapting third Commissioner was to be paid, and was the Tithe Commission for the purposes of to be removable at the pleasure of the Se- the Bill, in preference to the board procretary of State, and would be as much posed by the noble Lord opposite. If a removable as a Lord of the Treasury. new board were absolutely necessary, he Without any disrepect to the Lords of the should be the last man to object to its Treasury, he hoped he might say that being constituted. The question of mere they were apt to be swayed by party feel- economy was comparatively unimportant ings, and that they were not exactly the in such cases; but with such a board as VOL. LXXXII. {Series} Third C