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Volume I - Little Baddow History Centre

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within the precincts of the Leet and Manor aforesaid…” By 1723 Parsonage common<br />

seems to have been entirely enclosed, mainly by Robert Clarke of Riffhams, with the<br />

consent of the Barringtons and their courts. A temporary enclosure was allowed at<br />

the 1665 court to Edmund Butler, tenant of the Hall, to enclose with posts and bars<br />

not more than one rood of waste next to the barn at the Hall for the better<br />

conservation of the barn, the enclosure to continue until the next court but not beyond.<br />

The condition of the High common is revealed by a military report of 1797 (when it<br />

was proposed to establish an army camp there) which stated that it was covered with<br />

“Furzes and the roots of Brushwood” and that it was somewhat “Springy and Rotten”,<br />

which might be remedied by clearing the roots and furze “that prevent the Water from<br />

running off and the Sun and wind having their due effect upon a soil naturally dry”.<br />

In 1760 Lord Barrington agreed to a request by the majority of his tenants who had<br />

rights on the waste that the High common should be enclosed and it was suggested<br />

that the Bailiff, Isaac Pledger, should assign a portion to each tenant, to be held at a<br />

yearly rent of 6d. an acre. This scheme was agreed to by all the tenants “except Old<br />

Campion who refused and there ended the project”. Another abortive scheme was<br />

drawn up in 1773 by which the lord was to have 100 acres of High common and the<br />

poor 10 acres (later changed to 80 acres and 30 acres) while the remaining 59 acres,<br />

20 acres on Wickhay green and various other pieces about the manors were to be<br />

divided amongst the tenants at about 4 acres each. This was “so opposed by the<br />

Lower Class, that nothing did, nor has ever taken place.”<br />

Sketch shown<br />

Finally in 1810 John Strutt and his son, the Major-General, with their stewards, T. and<br />

G.W. Aylmer, came to an agreement with the twelve copy-hold tenants of Tofts<br />

manor (of whom the Major-General was one). Wickhay green was to be divided into<br />

14 portions (in the event only 12) and Tofts’ share of High common, with a few other<br />

small pieces, also into 14 portions. The twelve copyholders were to have 2 portions<br />

each, and the remaining portions, including Whitlocks green (Loves green), were to<br />

be sold to defray expenses. A person was to be chosen to make the division and “set<br />

out what Hedges and ditches shall be made by each Lot” and to determine the<br />

“necessary Roads and Ways to the several Lots”, these to be paid for by the tenants if<br />

the money from the sale were insufficient. All the new roads were to be the property<br />

of the lord. Portions were to be drawn by lot and the remaining pieces sold by auction<br />

to the copyholders on the day of the drawing of lots. The tenants were to pay 1s. an<br />

acre rent annually for their portions and a fine (payment) on entry.<br />

John Strutt was somewhat apprehensive of trouble from some of the tenants and wrote<br />

to T. Aylmer in March 1810 “On the common you may recollect there grows much<br />

brush-wood which is cut for firewood and I suppose ought to be the sole property of<br />

the tenants of the Manor but of late years all who reside in the parish have cut the<br />

wood at what time and in what manner suited their convenience without control –<br />

Another matter strikes me, may not the Freehold Tenants object.” G.W. Aylmer<br />

replied that “If the copyholders are the only tenants entitled to commonage and they<br />

all consent to the division among themselves there will be nobody left to dispute the<br />

decision: if the free tenants also have rights of common and they do not consent,<br />

there will be persons to complain of an enclosure not leaving sufficient common for<br />

18

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