Customary Tenants and the Enclosure of the Cumbrian Commons

Life in the weather-world: examining an eighteenth-century ‘ecological perspective’

“…For Fletcher, as a part-time land surveyor, this provided ample employment opportunities, sometimes within Mosser itself, where exchanges of land, the enclosure of Mosser Moss and a petition to enclose the Common marked a series of local conversions during the eighteenth century. A related development was the often tumultuous transition from tenancies based on customary rights to formal leasehold contracts -a process by which the traditional class structure was eroded and set against the new market economy and divisive inheritance practices (Searle 1986(Searle , 1993. Mosser was somewhat shielded from this particular upheaval because its inhabitants were enfranchised in the seventeenth century, but nevertheless Fletcher would have been affected through his work as a provider of basic legal services to Quaker friends across the region (Winchester 1994b).…”

‘Wild, Barren and Frightful’ – Parliamentary Enclosure in an Upland County: Westmorland 1767–1890

“…34 The removal of peat and turf from commons was also damaging. 34 The removal of peat and turf from commons was also damaging.…”

“…45 Another benefit of enclosure was the improvement of transport by turning frequently impassable local tracks into good all-weather roads. 47 In part this was because of the strength of the customary tenants who formed a high proportion of the occupiers of land in Westmorland, with rights effectively equivalent to freeholders. At a local level they had as great an impact as the turnpikes on a regional scale.…”

“…18 Most of these commons were in manors belonging to the earl of Thanet who was actively building up his estates around Appleby Castle at this period. 20 However, there is strong evidence that around Appleby, the most important grain market in Westmorland at this time, the primary aim behind the enclosure of this relatively good land was the conversion of pasture to arable. 20 However, there is strong evidence that around Appleby, the most important grain market in Westmorland at this time, the primary aim behind the enclosure of this relatively good land was the conversion of pasture to arable.…”

“…19 Searle has suggested that the principal reason behind the enclosure of Cumbrian commons at this time was the damage which was being done to them by overstocking linked to the cattle droving trade, and the inability of manorial courts to Parliamentary Enclosure in Westmorland 25 regulate such abuses effectively. 20 However, there is strong evidence that around Appleby, the most important grain market in Westmorland at this time, the primary aim behind the enclosure of this relatively good land was the conversion of pasture to arable. 21 This is hinted at by provisions in the awards themselves.…”