quire 200 years before the whole is accomplished. Befides, in many cafes the commons are too fmall to bear the heavy expence attending a fpecial act of parliament; and in remote parts of the country, where the land is of little value, the expence of an act is a very material confideration. Your Committee will therefore proceed briefly to ftate the means which have occurred to them for removing so great an obftacle to improvement. To pafs a law permitting perions unanimously confenting to an inclosure to divide their common property by agreement among themelves, and to remove all legal difabilities which may ftand in the way of fuch agreement, is a measure which will not probably meet with any oppofition; and your Committee have come to a refolution, recommending that fuch a bill should be fubmitted to the confideration of the Houfe. The great difficulty however is, to fuggeft the means of bringing about a divifion where the parties differ regarding the inclosure. If the parties are not unanimous, there are two modes by which the inclosure might be effected; namely, lft, By giving authority to the courts of law either to appoint commiffioners, or to divide the commons by judicial proceedings: or, 2d, To enable the parties interefted to appoint commiffioners for the purpose of feparating the portions of thofe who affent from those who diffent to the inclofure, in order that the fhares belonging to the affenters may be inclofed. In regard to the firft idea, that of paffing a law giving the power of nominating the commiffioners, not to the parties interested, but to the Lord Chancellor, the Judge of Asfize, the Grand Jury, or the Quarter Seffions of each county; or to adopt a plan fimilar to that eftablifhed in Scotland, by which the commons are divided by the courts of law, without the intervention of commiffioners, it would require very deliberate confideration. The Scotch plan, your Committee underftand, has in fome cafes been found expensive, and in others impracticable *. And in regard to the granting authority to the Chancellor, the Judge of Affize, the Grand Jury, or the Quarter Seffions, to appoint commiflioners, if other means can be thought of to anfwer the fame purpose, it seems unneceffary to add to the labour of thofe who are, it is fuppofed, already fufficiently loaded with judicial bufinefs. 2d. To the adoption of the fecond plan, however, your Committee can fee no material objection. It is an eftablifhed principle in the law of England, that no perfon holding a property in feveralty can have that property encroached upon without his own confent, or an act of the legislature. But the cafe is different where the property is mixed. It is well known that joint tenants, coparceners, and tenants * Attempts have been made to divide a common called Milbuie, fituated in the counties of Rofs and Cromarty, but in vain. To afcertain the rights of the parties, and the extent of their mutual interefts, before a court of law, was found impracticable. But commiffioners appointed for that purpose, invefted with authority fimilar to that granted in an English bill of inclofure, would have found no difficul ty in dividing that common. in common, are either by the common law, or by exprefs ftatute, compellable to a divifion; and it is only neceflary to extend the fame principles to mixed property of every other defcription, to obtain what has been fo long ardently wifhed for, an eafy and effectual method of promoting a general fyftem of improvement. For that purpose, it is proposed that provifion fhould be made, under the authority of a general law, by which all perfons poflefied of mixed property in land, defirous of inclofing or improving the fame, fhall be enabled to have their fhare in that property feparately fet out, leaving the property of those who diffent from fuch a meafure, in its former mixed ftate. By this plan, every individual may do what he judges beft with his own property; but he is not entitled, contrary to every principle of justice and equity, to prevent other individuals from enjoying the fame valuable privilege, For effecting fo important an object, it is propofed to legalize the divifion of mixed property by commiffioners, one appointed by the parties affenting to the inclofure, another by the parties diffenting, and a third by the two commiffioners previously nominated. This is in fact merely extending the principles of the writ of partition, as improved on by the provisions of 8 and 9 Will. III. Cap. 31. to other mixed property, through the medium of commiffioners, in confequence of the rights being too complicated for a jury to decide on them; and by that fimple operation, the great object of facilitating the improvement of the country will be effectually fecured. The parties defirous of an inclosure may thus obtain the object of their wifhes; whereas thofe who are either unable or unwilling to improve their allotments, and therefore diffent from the inclofure, are permitted to retain their fhares in common as formerly. This is infinitely preferable to compelling a reluctant aflent; for if the improvements made in the portion thus inclofed, are found to anfwer, those who diffent will foon follow the example of their neighbours. Conclufion. YOUR Committee cannot too ftrongly recommend to the Houfe an immediate attention to this important fubject. Every means (they are of opinion) ought to be taken for adding, without delay, from at least 150,000 to perhaps 300,000 acres to the land now in cultivation, as the only effectual means of preventing that importation of corn, and difadvantages therefrom, by which this country has already fo deeply fuffered. But if the views of the legiflature fhould extend ftill further, and if the neceffary measures are taken for improving the territory, now in a ftate of defective cultivation, as well as cultivating the lands which ftill remain in a waste and unproductive ftate, this country might draw as much wealth from exporting the furplus produce of its foil as from any branch of its commerce, however lucrative; and thence would arife a fource of riches not depending upon the caprice, but arifing from the neceffities of other nations. Such a refource, in a domestic point of view, is the most likely means of enabling us to bear the heavy burthens burthens to which we are now fubjected, without being exhausted or rufhed by the preffure. uninclosed, and unproductive lands, and of the common arable fields, common meadows, and common of pafture, in this kingdom, is an object of fuch effential confequence to the general interefts of the nation, that every means ought to be adopted, fpeedily and effectually, to accomplish the fame; and that every poffible ftep ought to be taken for that purpofe, in the course of the prefent feflion of parliament. It is more particularly neceffary to carry fuch a meafure fpeedily into effect, because it might be of the most effential public fervice, as foon as the prefent war is concluded, to have fo important a refource opened at home for the employment of our gallant foldiery, who must be difmiffed when fuch an event takes place, and to whom the cultivation and improvement of Refolved, That it is the opinion of this Committee, that it would tend to promote the inclosure of fuch lands, if a bill were paffed for dividing, allotting, and inclofing the wafte lands, commons, common fields, and other commonable lands, of that part of Great Britain called England, by agreement among the parties interefted therein, and for removing any legal disabilities which may stand in the way of fuch agree the territory of the country would furnifh by far the moft ufeful and valuable of all occupations. A difbanded fleet fupplies our merchantmen with failors, and may extend the fisheries on our coafts; but a difbanded army has hitherto had little refource, but emigration to our colonies, or to foreign countries, or reforting to manufactures, many of which require fkill. and experience in those who are employed in them. Since the introduction of machinery, however, great numbers of hands are lefs neceffary for our manufactures than formerly; and hence the proper bufinefs for our disbanded foldiers would be the cultivation of the foil. With what fatisfaction would not the nation at large witnefs thofe brave and gallant men, who in time of war devoted themselves to the neceflary defence of their country, in the time of peace ufefully occupied in the effential employment of furnishing it with fubfiftence! On the whole, your Committee have come to the following refolu tions: Refolved, That it is the opinion of this Committee, that the caltivation and improvement of the wafte, VOL. XXXIX. ment. Refolved, That it is the opinion of this Committee, that it would materially tend to the inclosure of fuch lands (more especially where the parties are neither numerous or complicated; if, in cases where the parties are not unanimous, a law were paffed for enabling any perfon or perfons entitled to any wafte, uninclofed, and unproductive lands, common arable fields, common meadows, or common of pafture, or any portion thereof, in that part of Great Britain called England, to divide, inclofe, and hold the fame in feveralty. Refolved, That it is the opinion of this Committee, that the chairman do move the Houfe for leave to bring in a bill or bills, pursuant to the above refolutions. ANTIQUITIES. Order paffed by the Houfe of Commons in 1641, rating every man according to his Eftate for the King's Ufe. D UKES 1001-Marquiffes 801. -Earls 601.-Vifcounts 501. Lords 401.-Baronets and Knights of the Bath 301. — Knights 201. Efquires 101.-Gentlemen of 1001. per annum, 51. -- Recufants of all degrees to double Proteftants Lord Mayor 401. Aldermen 201. -Citizens fined for Sheriffs 201.Deputies of the Wards 151.-Merchants ftrangers, Knights 401. Common Council-men 51.-Liverymen of the first twelve Companies 51.-Liverymen of other Companies 21. 10s.-Mafters and Wardens 51. From the Hiftory of the Principal Rivers -Freemen 11.-every Merchant of London 101. - every Merchant ftranger, trading within land, 51. of Great Britain, 4to. E proceed to London every English Merchant, not free, W Bridge, whofe antiquilly 51. every English Factor, not free, 21. every ftranger Proteftant, Handicraft, or Tradefman, or Artificer, 2s. every Papift ftranger, and Artificer, 4s. every Widow, a third part, according to her hufband's degree-a Judge and Knight 201. King's Serjeant 251.- Serjeant at Law 201.-every one of the King's, Queen's, and Prince's couneil, 201.-every Doctor of Civil Law carries back our inquiries to a very early period of the English hiftory. The year of its foundation is not afcertained by antiquarian fagacity, but it appears to have been built between the years 993 and 1016, fince, in the firft of them, Unlaf the Dane, according to the Saxon Chronicle, failed up the river as far as Stanes; and in the latter, Canute, King of Denmark, when he be fieged London, caufed a channel to St. Thomas, which stood on the be formed on the fouth fide of the ninth pier from the north end, and Thames.about Rotlicrnithe, for con- had an entrance from the river, as veying his fhips above the bridge. well as the fireet, by a winding If any credit is to be given to the ftaircafe. In the middle of it was traditionary account of the origin a tomb, fuppofed to contain the of the ancient wooden bridge, given remains of its architect. But though by Bartholomew Linftead, the laft fo much art and expence were emprior of Saint Mary Overy's con- ployed in building the bridge with vent, London is indebted for this ftone, it fuffered very much from a ftructure to that religious house. fire in the streets at each end of it; Stow feems to be of this opinion; fo that from this accident, and other but the perfons who continued his circumstances, it was in fuch a ruinwork allow no other merit to the ous condition that King Edward I. monks of this convent than that granted a brief to the bridge-keeper, they gave their confent to the erec- to afk and receive the benevolence tion of the bridge, on receiving a of his fubjects through the kingdom fufficient recompence for the lofs of towards repairing it. It would be the ferry, by which they had been equally irkfome and unneceffary to fupported; and that this conjecture enumerate all the cafualties which is not without foundation, appears befel London-bridge till the corfrom the appropriation of lands for poration of London came to the the fupport of London-bridge, at fo refolution, in 1746, of taking down early a period as the reign of Hen- all the houfes, and enlarging one or ry I. In the year 1136, it was con- more of its arches, to improve the fumed by fire; and in 1163, it was navigation beneath it: but it was in fuch a ruinous state as to be re- ten years before this resolution was built, under the infpection of Peter, carried into effect. The space occurate of St. Mary Colechurch, in cupied by the piers and sterlings of London, who was celebrated for this bridge is confiderably greater his knowledge in the fcience of ar- than that allowed for the paffage of chitecture. At length, the con- the water; fo that half the breadth tinued and heavy expence which of the river is in this place entirely was neceflary to maintain and fup. ftopped. But instead of making -port a wooden bridge becoming reparations, the whole ought to burthenfome to the people, who, have been removed, as a very magwhen the lands appropriated for its nificent ftructure might have been maintenance proved inadequate to erected, at a much lefs expence than their object, were taxed to fupply has been employed in maintaining the deficiencies, it was refolved in the prefent nuifance to the river, the year 1176 to build one of stone, and difgrace of the city. The laft a little to the weft of the other; and alteration coft near 100,000l. and this fructure was completed in the without any wife anfwering the prinyear 1209. The fame architect was cipal object in view, which was to employed, who died four years be- diminish its fall at the cbbing of fore it was finifhed, and was buried the tide, and confequently to leffen in a beautiful chapel, probably of the danger of a pallage which has his own, conftruction, dedicated to proved a watery grave to fo many Dd 2 people. |