THORNTON-IN-CRAVEN BYGONE DAYS IN AN ANCIENT PARISH. 02

[Stanley]

THORNTON-IN-CRAVEN
BYGONE DAYS IN AN ANCIENT PARISH.

[II.]
Below, Mr. A. H. Clegg, of Kelbrook, continues his series of articles dealing with bygone days in the ancient parish of Thornton-in-Craven. The two previous articles, which appeared in the CRAVEN HERALD on April 26th and May 3rd [1928], examined the poor law system in its relation to the parish about a century ago.

ENCLOSURES—TITHES—DRAINAGE ROADS.
We usually think of an Act of Parliament as dealing with some problem affecting the whole country, and not as something parochial. But in 1819, Parliament passed an Act specially for our old parish of Thornton-in-Craven, which consisted in those days of the townships of Thornton, Earby, Kelbrook and Harden. This Act received the Royal Assent of King George III on the 14th June, 1819, The title was: "An Act for inclosing and exonerating from tythes, lands in the Manor and Parish of Thornton-in-Craven, in the County of York."

The reasons for the Act being passed are stated as follows :—
"Whereas there are within the Manor and Parish of Thornton-in-Craven, certain Commons and Moors, commonly called or known by the several names of Thornton Moor, Kelbrook Moor and Bleary Haugh, and Howshaw otherwise Howshaugh, and several small parcels of waste or uninclosed land, containing in the whole one thousand acres or thereabouts."

"And whereas the said Commons, Moors and Waste Lands are, in their present state, of very little profit or benefit to the several persons interested therein; and it would be of great advantage to such persons if the said Commons, etc., were divided and inclosed, and such Allotments awarded unto and amongst the several and respective proprietors and persons interested therein, in proportion and according to their respective Rights, Property and Interest of and in the same; and if the said Commons, etc., and also the ancient inclosed Lands and Grounds, and other Tenements and Hereditament within the said Parish of Thornton, were discharged from Tythes, and from all Moduses Compositions and other payments in lieu thereof: But the several purposes aforesaid cannot be effected without the Aid and Authority of Parliament."

At the time the Act was passed, Sir John Lister Kaye, Bart., was Lord of the Manor of Thornton, and as such was the owner of the soil of the commons and moors, and of the coal mines, veins, and seams of coal and all other veins and minerals within and under them. The Rev. Robert Gee, Clerk, was Rector of Thornton, and in right of the said Rectory was feifed of certain glebe lands and the right of common belonging to them, and was also entitled to all the great and small tythes arising within the parish or to certain moduses or compositions in lieu thereof.

Sir John Lister Kaye, Bart., Richard Bradley Wainman, Esq., George Worral,
Esq., the Rev. William Atkinson Wasney, Clerk, and Joshua Windle, George Smith, and several other persons were proprietors of lands and buildings in the parish and in respect thereof claimed to be entitled to right of common upon the unenclosed commons and moors. But although the Act applied to Thornton-in-Craven only, yet other Acts of a similar nature were passed for many other parishes at the end of the 18th and the beginning of the 19th Century, and it did in reality form part of a national movement known as the Enclosure Movement.

CAUSE OF THE ENCLOSURE MOVEMENT.
During the Middle Ages and largely up to the middle of the 18th Century methods of agriculture were based on the "open field" system. Under this system the manor contained three arable fields, each "field" being
divided into acres or half-acre strips separated from each other only by "baulks” of unploughed earth. The strips held by any one person were not together, but scattered in different parts of the field or fields. Much agricultural work, such as ploughing, sowing and reaping, was carried out on a communal basis. Each year one of the "fields" was left fallow. Commons, moors and woodlands generally surrounded the open fields.

The system was necessarily wasteful, and under it, progress in the new methods of farming was almost impossible. The Enclosure Movement of the 18th Century was brought about largely through the desire to replace this old unsatisfactory system, which was holding up agricultural progress, by compact farms and enclosed fields, so that better crops and improved stock could be produced.

Between 1797 and 1820, 1727 Inclosure Acts were passed, of which the Thornton Inclosure Act was one. The duty of carrying out the Act was entrusted to a Commissioner, namely, William Pilkington, of Hensal, gentle-man, who had a land surveyor, Henry Teal, of Leeds, to assist him. The work apparently took over five years to carry out and in 1825 the Commissioner made his award, known as the Thornton Award, which is a most interesting document.

THE THORNTON AWARD.
It was laid down in the Act that if old surveys of the parish existed the re-liability of which the Commissioner was satisfied, he could lawfully use them in making his award without causing a further survey to be made. However, a new survey was made.

The powers of the Commissioner were great and he had many responsible duties to carry out. Subject to an appeal to the Courts his decisions were final, but it was laid down that his award was not to be impeded or suspended by any action at law. Any encroachments made upon the commons and moors within twenty years previous to the passing of the Act were to be deemed part of the commons and were to be divided and inclosed along with the rest.
In addition to dividing and inclosing the commons and moors and making arrangement for exonerating all lands, tenements, etc., in the parish from tythes, the Commissioner was empowered to divert or stop up old roads (except Turnpike Roads), to have new roads made, to make or cause to be made new drains, ditches or waterways, and to allot to the Surveyors of the Highways quarries for the purpose of getting stone, sand, gravel, etc., for the making and repairing of the public and private roads, drains, etc.

The size of the parish was 5,436 acres and the portion to be enclosed under the Act was about 1,000 acres. It is interesting to note that several roads in the parish and the drainage system in Kelbrook Bottoms are the result of the Inclosure Act and Award.

NEW ROADS.
The Award first deals with public highroads, " bridle-paths and private carriage roads.” The Commissioner caused a survey, plan and valuation of all the commons, moors and waste lands to be made and also of all the messuages, cottages, orchards, gardens, homesteads and ancient inclosed lands and grounds within the parish to be made by the Surveyor appointed under the Act, and declared the whole of the said commons and moors to contain in statute measure 969 acres, 1 rood and 7 perches. He then set out and appointed the following public and private carriage roads :—

Public Carriage Roads.
1.—The Wentworth Head Road of width of 30 feet which commenced at the Colne to Skipton turnpike roads on Thornton Moor near Wentcliffe Head; leading in a north-westerly direction across the moor to the township of Elslack.
2.—The Moor Gate Road, commencing at Moor Gate leading over Kelbrook Moor to the north end of Cob Lane.
3.—The. Dodgson House Road commencing at an ancient gate near Dodgson House and leading in south-easterly direction across Thornton Moor to the Colne to Keighley turnpike road in the township of Lothersdale.

Private Carriage Roads.
1.—Standridge Clough Road commencing at Dodgson House Road on Bleary Moor and leading in a north-easterly direction to an ancient lane in Standridge Clough.
2.—Bleary Side Road commencing at the Colne to Keighley turnpike road on Bleary Moor leading in a north-westerly and then northerly direction to an ancient lane near a place called East Baw Head.
3.—Hauber Lane Road, commencing at the east end of Hauber Lane and lead-ing in a southerly easterly then easterly direction to the south-west corner of an allotment set out to the Rector of Thornton for glebe, thence across the allotment in an easterly direction to the north end of Wentcliffe House Road.
4.—Thick Bank Road, commencing at Moor Gate Road near Thick Bank, and proceeding in an easterly direction to an ancient inclosure.
5.—Hard Clough Road, branching out of Moor Gate Road on Kelbrook Moor, leading in a south-easterly direction to Hard Clough Road, and thence in a south--easterly direction.
6.—Coppy House Road, starting from the Bleary Side Road on Bleary Moor, and leading thence in a westerly direction to an estate called Coppy House.
7.—Higher Vargues Road commencing at Standridge Clough Road and leading in an easterly direction to an estate called Higher Vargues.
8.—Knowl Road, starting at the Moor Gate Road near a place called Knowl and leading in a south-easterly and then easterly direction to two allotments.
9.—Dick Field Road commencing at Moor Lane and leading in an easterly direction to an ancient inclosure called Dick Field.
Dick Field Road is now called Waterloo Road and it seems probable that the route of the old road, which precedes it, was slightly diverted.
10.—Kitchen Road branching out of the Colne to Keighley Turnpike Road near Howshaw Bar and leading over an encroachment lying on the west side of the said Turnpike Road to a farm called Kitchen.
11.—Burnt Hill Road, branching out of the Colne to Keighley Turnpike Road and going in a westerly direction over an encroachment to certain farms and lands called Burnt Hill and Brown Hill.
12.—Rake Bank Road starting at an ancient lane called Rake Bank and lead-ing in a southerly direction to an ancient inclosure.

After directing that the above carriage roads should be made, the Commissioner directed that at all times hereafter the Public Carriage Roads should be kept in repair by such persons and in such manner as other public carriage roads were by law supported and kept in repair and that all the Private Carriage Roads and any bridges or tunnels across such roads should be maintained and repaired by the Surveyors of Highways within the parish of Thornton, and that the costs should be paid by the several proprietors of the commons, etc., divided and enclosed under the Act according to the value of their respective holdings, and specified in the Rate Schedule drawn up by the Commissioner and included in the award, under the title of: "A rate for the repair of the Private Carriage Roads."

The schedule designates 73 allotments, the owners of which had to contribute towards the rate for the repairs of the roads. The total acreage of these allotments was about 900 acres, and the total amount of the vote was £6 8s. 81/4d. It was not a flat rate per acre the value, position and probably the extent to which the new roads would benefit the different plots being taken into consideration when fixing the rate.

The Trustees of the Sunday School, Kelbrook, which school was in the present Waterloo Road, near the site where Fort's Buildings now stand, paid one farthing towards the rate for 5 perches of land.
The rate on an allotment of 114 acres on Thornton Moor was 19/5[d].

DRAINS AND WATERCOURSES
In the Act the Commissioner was empowered to make any new drains, watercourses, ditches or to alter any existing drains or water-courses as he should think necessary for the purpose of draining any land or of supplying any land with water. He was also required to decide by whom and at whose expense any drains required should be made and thereafter repaired, cleaned and maintained. He ordered four drains to be made, namely, Kelbrook Bottoms Drain, Earby Holmes Drain, Stone Trough Drain and Lancashire Gill Drain. Kelbrook Beck, between Kelbrook Church and Sough, Bridge, was called Kirk Ing Drain. These drains must have proved of great value for, previous to their construction, the land in Kelbrook Bottoms and Earby Holmes must have been very swampy and much of it no doubt would be almost useless. There are persons in the parish who have heard their forebears tell that before the drains were made Kelbrook Bottoms was like a lake in winter time and was frequented by wild ducks, etc., which provided good sport. A bridge across one of the drains is still called Shooterpit Bridge!

The Commissioner set out detailed instructions as to the direction and construction of these drains—the perpendicular depth, and width at the top and bottom being given. It was also laid down that an embankment should be made and kept in repair along each side of the drains, where necessary, to preserve the adjoining lands from injury by floods. He also directed that the drains, together with any necessary tunnels, etc., situated in Kelbrook Bottoms and Earby Holmes, should be supported and kept in repair under the direction of some person to be appointed from time to time by the majority of the owners of lands situated in Kelbrook Bottoms and Earby Holmes, at a meeting to be held for that purpose in the Vestry of the Parish Church of Thornton at 11 o'clock in the forenoon on the first Monday in October in every year.

The costs of constructing and repairing the above last mentioned drains were to be borne by several owners and proprietors of the land in Kelbrook Bottoms and Earby Holmes to be levied upon them by a rate to be made in pro-portion to the value of their lands. The rate was specified in a rate schedule included in the award. This schedule was entitled "A Rate for the Repairs of Public Drains and Water-courses."

1. 69 plots of land in Earby Holmes and Kelbrook Bottoms are specified and shown on a plan and the owners of these allotments had to contribute towards the rate. Some owners, of course, owned more than one plot.
2. The total area of the allotments was about 268 acres.
3. The total rate was £15 18s. 7d.
4. The value of the land and also probably the extent to which the land would benefit from the new drainage scheme formed the basis of the assessment.
The person, appointed to superintend the drains was given full power to levy the rate from time to time when necessary and at the annual meeting referred to above he had to give a full account of all sums of money received and all payments made for the drains, embankments, etc., and also of the salary retained by himself for superintending the work and collecting the rate.
It is interesting to note that after over one hundred years this meeting is still being held as directed and that the drains are still being kept in repair by the owners of lands in Kelbrook Bottoms and Earby Holmes.

The following report is taken from the Craven Herald dated 7th October,1927:—

"AWARDED DRAINS DECISION.— “A meeting in connection with the Thornton Award was held on Friday at Thornton Church, and it was resolved to levy a double rate in respect of drains for the ensuing year. Mr. F. S. Dinsdale presided. It was decided to institute legal proceedings against defaulters."

The present drainage area for Kelbrook Bottoms and Earby Holmes is to be merged into a larger drainage area, which will also include parts of Salter-forth, Foulridge and Barnoldswick. A conference of landowners and others interested in the matter was convened by the West Riding County Council and held at the Craven Heifer Inn, Kelbrook, 30th January 1929.

ALLOTMENT OF QUARRIES.
The Act required the Commission to allot to the Surveyors of the Highways of the parish parts of the commons— up to three acres—for the use of such Surveyors and of any other persons or bodies entitled to any allotment under the award, for the purpose of getting stones, sand and gravel for the making and repairing of roads or drains, etc., in the parish and of fencing and enclosing the allotments made under the Act as well as for repairing ancient and new roads in the parish.
Four such quarries were allotted as follows: —
1. A quarry on Kelbrook Moor near Thick bank Road,
2. A quarry situated on Bleary Hough near Bleary Side Road.
3. A quarry on Thornton Moor near Wentcliffe Road; and
4. Another on Thornton Moor near Mount Pleasant (The Mount),

ALLOTMENT TO THE LORD OF THE MANOR.
The Act stated that the Lord of the Manor was owner of the soil of all the unenclosed commons in the parish, and as compensation for his right and interest in the soil fifteen allotments were awarded to him which in the judgment of the Commissioner, were equal in value to one sixteenth part (quantity, quality and situation considered) of the commons. The total area of these allotments was about 55 acres, and they were situated in various parts of the parish—some in Thornton, some in Earby and some in Kelbrook. The two largest plots, each of 21 acres, were moorland situated on Bleary Haugh and Kelbrook Moor.

ALLOTMENT TO THE ALMS HOUSES AT THORNTON.
These alms houses were built in 1815 by Rachel Smith, of London, whose husband, a banker, was formerly a native of this parish. The road between Thornton village and church had sometime in the past been diverted and, apparently, the almshouses were built on part of the old road and the waste land which ad-joined it. Further, the Lord of the Manor had granted a small piece of land from his inclosure for the enlargement of the grass plot in front of the almshouses.

The Act required that the part of the old road and wasteland on which the houses had been built and as much more of the adjoining waste land as would be sufficient for the yard and garden to the houses and a convenient road leading to them, should be allotted to the heirs of Rachel Smith for the use of the alms-houses. This was carried out and 24 perches of land were set out for them.

ALLOTMENT TO THE RECTOR OF THORNTON FOR HIS GLEBE.
The Rector of Thornton was entitled to a certain portion of the commons and moors in respect of his glebe and an allotment was required to be made to him and his successors in respect of this right as also of his right of common on the commons and moors. Such allotment was, according to the Act, to be made from a plot of land of about 140 acres on Thornton Moor, This plot of land was above and to the east of Mount Pleasant (The Mount). Thirty acres of this land were allotted to the Rector in respect of his glebe and right of common. The remaining portion, consisting of 114 acres, was also awarded to the Rector as part compensation for the value of the tithes due to him in respect of all ancient inclosed lands, tenements, etc. in the parish, which were to be dis-charged from the payment of tithes.

TITHES.
As just stated, one of the important objects of the Inclosure Act was to dis-charge all ancient inclosed lands and tenements in the parish from tithes both great and small. Tithes, in some form or another have existed from time immemorial. Legally they are described as: "the tenth part of the increase yearly arising from the profits of lands, the stocks upon lands and the personal industry of the parishioners” and are (or were) offerings payable to the Church by law.

Tithes were originally paid in kind; that is, the tenth wheatsheaf, the tenth lamb or pig. etc. belonged to the Church. Hence in every parish there was a tithe barn in which tithes paid in kind could be kept or stored. At first they were voluntary and their payment was based upon religious duty and was enforced by ecclesiastical law or discipline as far as possible. In course of time their payments became legally obligatory, and it is probable their payment had become a legal duty by the time of the Norman Conquest. Early on, tithes were paid to bishops or monastic houses, but later landowners were encouraged to set apart tithes for particular parishes and the parochial system of tithe-paying came into existence at the end of the 12th century.

Tithes were classified as great and small. Great tithes consisted of corn, hay, wood, etc. By the Commutation Act of 1836 the system of tithe payment in kind was displaced by a tithe rent payment in money in all parishes where tithe payment in kind had not been previously abolished.

The Commissioner fixed the value of all such tythes, moduses, compositions or any other payments due to the Rector from enclosed lands, homesteads, etc. in the parish at £5,520. Hence the Rector had to be compensated to the extent of this amount. To discharge this liability the Commissioner allotted to the Rector, as stated above, the remaining portion (114 acres) of the 140 acre plot of land on Thornton Moor and, in addition, and in accordance with implicit instructions in the Act, purchased other land and tenements within the parish and settled them upon the Rector and his successors. These lands and tenements—chiefly farm lands and farm buildings—were purchased from Henry Alcock, Esq., of Skipton, for £5,000. They included about 25 lots classified as messuages, barns, stables, arable land, pastures, meadows, closes and a wood. The total acreage of the plots was about 130 acres. The old names of the plots and fields are given and many of them, no doubt, will have an interesting origin if such could be traced. Some of the names are: —Great Ing Pasture. Bank Flat Pasture, Little Cinderhill, Cinder Hill Meadow, Hake Bank Ing. Fiddling clough or Fiddle Clough, Lamb Pasture, Ling Close Pasture.
The mention of arable land reminds us of the time when corn—probably oats:— was grown in this parish.

After purchasing the above mentioned lands and buildings from Mr. Alcock, the Commissioner, on the 26th day of May, 1824, settled them upon the Rector and his successors.

SALE OF THE REMAINDER OF THE COMMONS.
After allotting to the Rector of Thornton the 140 acres of land on Thornton
Moor as set out above, the Commissioner proceeded to sell the remainder of the 969 acres of commons and moors, which, were Ordered to be inclosed in the Act, for expenses and for the purchase of land tythes. The land was divided into 51 Lots and sold. After the several purchasers had paid their purchase moneys, he allotted and awarded to them the lots they had bought.
The various lots are described in detail, the size, description of each lot being given and the sales are subject to the right of construction over any of them of the before mentioned roads ordered to be made by the Commissioners.
The allotments are also shown on a numbered plan included in the Award. The three largest plots of land of 216, 162 and 100 acres were moorland on Thornton Moor, Kelbrook Moor and Bleary Haugh respectively. The trustees of the Sunday School in Kelbrook were awarded six perches of land between the Sunday School and what is now Waterloo Road. The houses now known as Fort's Buildings are built partly on the site on which this Sunday School stood and partly on the six perches of land mentioned above.

The Award stated who should be responsible for the repair of the fence or, if it was an old inclosure, it was decided that the fences should be re-paired by such person or persons as "hath or have heretofore repaired and maintained the fences." Many of the walls winding almost on the hill sides were built as a result of the Inclosure Act.

HOW MONEY WAS OBTAINED UNDER THE ACT,
The money to pay for the expenses of making the award and for any purchases of land for compensating the Rector for tythes, was to be obtained from the sale of the commons and moors. If the result from the sale of such lands was not sufficient, then the sum necessary to make up the deficiency if the costs and expenses were not £5,000 was to be paid by the various persons whose lands, tenements, etc., were discharged from tithes under the Act. And a rate or assessment upon such persons for the amount of the deficiency was to be made. Any costs over and above the total of £5,000 were to be paid by the Lord of the Manor.

There is nothing in the Award to show for how much the commons and moors were sold but as there is no mention of any special rate, as described above, being levied, it is reasonable to suppose that the proceeds of the Sale of the lands were sufficient to pay expense.

On the other hand, as the value of the tithes was £6,520 and there would be the expenses of the Award in addition, it appears that the Lord of the Manor would have something to pay.

There are one or two further interesting points in the Act. The Commissioner was required to have the allotment, which was made to the Rector fenced with substantial stone walls or in some other satisfactory manner. It was also stated that within a period of seven years after the passing of the Act no person was to turn any cattle, sheep, pigs or geese to graze upon any of the roads or lanes in the parish unless the roads were fenced on each side. The Award, together with any plan, had, within six months of its completion and being signed by the Commissioner, to be enrolled in the Register Office at Wakefield and then deposited in the Parish Church of Thornton so that it might be inspected by all persons interested.

The following certificates are attached to the Award: "We do hereby certify that the Execution of the before written Award by William Pilkington, the Commissioner therein named, was proclaimed in the Parish Church of Thornton on Sunday, the fourth day of December one thousand eight hundred and twenty-five.
Signed:
Mordaunt Barnard. Curate of Thornton.
John Cowgill, Parish Clerk.
"Enrolled in the Registry Office, Wakefield, 4th January, 1828," at ten in the forenoon in Book B38 page 112.
(Signed)
James Stephenson. Deputy Registrar
And so was completed a historical event which modified the social life of the parish and brought into existence conditions which, in the main, still exist at the present day.
_____________
Transcribed from the Craven Herald June 14th and June 21st 1928 written by A. E. Clegg, Headmaster of New Road School, Earby.
From a collection of newspaper cuttings made by J. Hartley kindly loaned by Mrs. E. Wilkinson.
4492
J C Turner.

[Stanley]

Bumped.

[Stanley]

Bumped again.

[Wendyf]

Always a fascinating read! We have a couple of copies of the Enclosure Map in our Archive, and each one is slightly different, presumably as they were hand drawn. We spend many a happy hour studying them in the archive room. The concept of new public roads is an interesting one too, I don't think they were actually new in the sense that there was nothing there before 1825, the Act just laid down rules on fencing, acceptable width and maintenance. My colleague Margaret has a theory that the map could be based on an earlier map of Thornton Manor which is kept in Wakefield, but it is reported to be too fragile to be seen.

[Stanley]

Thanks for adding to the information Wendy.....